Citation : 2021 Latest Caselaw 4035 MP
Judgement Date : 6 August, 2021
1 CRR-1733-2021
The High Court Of Madhya Pradesh
CRR-1733-2021
(SATYAPRAKASH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 06-08-2021
Heard through Video Conferencing.
Shri Kunal Thakre, learned counsel for the applicants.
Ms. Geeta Yadav, learned Panel lawyer for the respondent/State on
advance notice.
Heard on admission.
Admit.
Let the records of the Courts below be requisitioned. Heard on IA. No.13751/2021 for suspension of sentence and grant of bail filed under Section 389 of the Cr.P.C.
A perusal of the impugned judgment reveals that the applicants stand convicted under Section 325/34 of the IPC and were sentenced to undergo rigorous imprisonment for a period of 1 year together with a fine in the sum of Rupees 500/-, with default stipulation.
Learned counsel for the applicants submits that the applicants are in jail
since the date of judgment of the appellate Court, i.e. 27-07-2021. They were on bail during the trial and did not misuse their liberty; therefore, it has been prayed that the applicants be released on bail.
Learned panel Lawyer for the respondent/State has opposed the bail application.
However, keeping in view the term of sentence and the fact that the disposal of revision is likely to take time and the applicants did not misuse their liberty, the application deserves to be and is hereby allowed.
It is directed that on depositing fine amount, if not already deposited and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety e a c h i n the like amount to the satisfaction of the trial Court for their appearance before the trial Court on 2 CRR-1733-2021 14.09.2021 and all other subsequent dates as may be fixed by the trial Court in this regard, the remaining part of the execution of substantive jail sentence of the applicants shall remain suspended and they be released on bail.
It is further directed that if the applicants are found indulged in any criminal activity during suspension of their jail sentence, the bail granted in this case shall stand cancelled.
Jail authorities and State are directed to follow the guidelines issued by the Ministry of Health/State/Center in the wake of widespread of Novel Corona Virus (COVID-19) before and after release of the applicants from the jail.
List this case for final hearing in due course. Certified copy as per rules.
(SUNITA YADAV) JUDGE
Digitally signed by BIJU BABY b Date: 2021.08.07 11:54:51 +05'30'
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