Dileep Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 3901 MP

                                    1                               CRA-4350-2021
         The High Court Of Madhya Pradesh
                    CRA-4350-2021

(DILEEP SINGH Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 03-08-2021 Heard through Video Conferencing.

Shri D.S. Chouhan, Advocate for the appellant. Shri Anand Nayak, panel lawyer for the State. Heard on admission.

Let record of the trial Court be requisitioned.

Learned panel lawyer for the State accepts notice on behalf of the State, therefore, no notice is required to be issued Als o heard on I.A.No.13567/2021, which is first application under Section 389 (1) of the Cr.P.C. filed on behalf of appellant for suspension of sentence and grant of bail.

A perusal of the judgment reveals that the appellant stands convicted under Sections 323/34 of the IPC and section 3(2)(v-a) of the SC/ST (Prevention of Atrocities) Act and has been sentenced to undergo rigorous imprisonment for period of three months with fine of Rs.1000/- with default

stipulation.

Learned counsel for the appellant submits that the jail sentence of the appellant has already been suspended by the trial Court till 09.08.2021 and he has already deposited the fine amount, therefore, it has been prayed that the jail sentence of the appellant be suspended and he be released on bail.

Learned panel lawyer for the State on the other hand has opposed the bail application.

However, keeping in view the facts and circumstances of the case particularly the fact that the jail sentence of the appellant has already been suspended by the trial Court, therefore, in the opinion of this Court, this is a fit case for grant of bail.

Accordingly, I.A.No.13567/2021 is allowed.

2 CRA-4350-2021 It is directed that on depositing the fine amount and furnishing a personal bond in the sum of Rs.50,000/- with one solvent surety in the same amount to the satisfaction of the trial Court for his appearance before the concerned trial Court on 06.12.2021 and all other subsequent dates fixed by the that Court, the remaining part of the substantive jail sentence imposed

upon him shall remain suspended and he shall be released on bail.

Case be listed for admission after receipt of the record along with Cr.A. No.4360/2021.

Certified copy/e-copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

pn

Signature Not Verified SAN

Digitally signed by PANKAJ NAGLE Date: 2021.08.03 17:08:28 IST