Sitaram vs The State Of Madhya Pradesh
2021 Latest Caselaw 4243 MP

                                  1                            CRR-1812-2021
        The High Court Of Madhya Pradesh
                   CRR-1812-2021

(SITARAM Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 12-08-2021 Heard through Video Conferencing.

Mr. P.S. Dixit, Advocate for the applicant. Ms. Garima Tiwari, learned PL for the State. Heard on admission

Let the record of the trial Court be called for. Heard on I.A.No.14405/2021, which is first application under Section 397 (1) of the Cr.P.C. filed on behalf of applicant for suspension of sentence and grant of bail.

A perusal of the judgment reveals that the applicant stands convicted under Section 34(2) of the Excise Act and has been sentenced to undergo RI for a period of one year with fine of Rs.25,000/- with default stipulations.

Learned counsel for the applicant submits that the applicant was

on bail during the trial and also during the pendency of appeal, therefore, it has been prayed that the jail sentence of the applicant 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 applicant was on bail during trial and also during pendency of the appeal, therefore, in the opinion of this Court, this is a fit case for grant of bail.

Accordingly, I.A.No.14405/2021 is allowed. It is directed that on depositing the fine amount and furnishing a 2 CRR-1812-2021 personal bond in the sum of Rs.30,000/- with one solvent surety in t h e same amount to the satisfaction of the trial Court for his appearance before the concerned trial Court on 20.12.2021 and all other subsequent dates fixed by the that Court, the remaining part of t h e substantive jail sentence imposed upon him shall remain

suspended and he shall be released on bail.

List the case for admission after record is received. Certified copy/e-copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

irfan

Signature Not Verified SAN

Digitally signed by MOHD IRFAN SIDDIQUI Date: 2021.08.12 17:03:57 IST