Babarao vs The State Of Madhya Pradesh
2021 Latest Caselaw 4358 MP

                                                                   1                                CRA-3241-2018
                                         The High Court Of Madhya Pradesh
                                                    CRA-3241-2018
                                                     (BABARAO Vs THE STATE OF MADHYA PRADESH)

                                 6
                                 Jabalpur, Dated : 16-08-2021
                                        Shri S. K. Meshram, learned counsel for the appellant.
                                        Shri     Pramod   Chourasiya,    learned    Panel       Lawyer   for   the
                                 respondent/State.

Heard on I.A.No.3034/2021, third application for suspension of sentence and grant of bail under Section 389(1) of the Cr.P.C. filed on behalf

of the appellant.

His first two applications for suspension of sentence and grant of bail were dismissed as withdrawn vide order dated 07.12.2018 and 20.06.2019 respectively.

A perusal of the record reveals that appellant stands convicted under Section 3 0 7 o f t h e I.P.C. a n d h a s been sentenced to undergo rigorous imprisonment for a period of five years and fine of Rs.2,000/-, with default stipulations.

Learned counsel for the appellant submits that the appellant is on bail

during trial. He never misused the liberty. The appellant is in custody since the date of judgment i.e. 17.04.2018 and he has already been completed substantive part of the jail sentence; therefore, it has been prayed that appellant be released on bail.

Learned Panel Lawyer for the respondent/State on the other hand, has opposed the bail application.

Keeping in view the fact that the appellant is in custody since 17.04.2018 and he has already been completed substantive part of the jail sentence, it would be appropriate to release the appellant on bail. Consequently, without commenting anything on the merits of the case, I.A.No.3034/2021, application for suspension of the sentence and grant of Signature Not Verified SAN bail is allowed.

Digitally signed by MOHD AHMAD Date: 2021.08.17 17:27:52 IST 2 CRA-3241-2018 It is directed that on furnishing a personal bond in the sum of Rs.50,000/-(Fifty thousand) with one solvent surety in the same amount to the satisfaction o f the trial Court for his appearance before the Registry of this Court on 12.01.2022 and all other subsequent dates fixed by the Registry in this regard, the remaining part of the substantive jail sentence imposed

upon the appellant shall stand suspended and he shall be released on bail.

J a il authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the appellant.

List the matter for final hearing in due course. Certified copy as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

ahd

Signature Not Verified SAN

Digitally signed by MOHD AHMAD Date: 2021.08.17 17:27:52 IST