Sonu @ Shailesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 4361 MP

                                                                    1                              CRA-2589-2014
                                           The High Court Of Madhya Pradesh
                                                      CRA-2589-2014
                                            (SONU @ SHAILESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                 22
                                 Jabalpur, Dated : 16-08-2021
                                       Heard through Video Conferencing.
                                       Shri S.K. Pandey, learned counsel for the appellant.
                                       None for the respondent / State.

Heard o n IA No.14611/2021 , repeat application for suspension of custodial sentence passed against the appellant no.2 Monu Sarathe.

This appeal has been preferred against the judgment dated 16/8/2014 passed by IInd Additional Sessions Judge, Hoshangabad in S.T.No.98/2012, whereby learned ASJ found the appellants guilty for the offence punishable under Sections 454 and 394 of the IPC and sentenced them to R.I. for 2 years and 7 years each with fine of Rs.2000/- and Rs.5000/- with default clause.

Learned counsel for the appellants submitted that earlier Coordinate Bench of this Court suspended the jail sentence of appellants and released him on bail vide order dated 15.06.2016 but during the pendency of appeal,

the police arrested the appellant no.2 Monu in another crime, so appellant no.2 could not appear on the date fixed by the Registry. thereafter Registry of this Court issued production warrant against the appellant no.2 to secure his presence beofre this Court. In compliance of that warrant, police produce the appellant on 13.09.2017 before this court and since then appellant is in jail. Hence prayed for suspension of jail sentence and release of appellant on bail, since the hearing of the appeal will take time.

Looking to the facts and circumstances of the case and the fact that earlier Coordinate Bench of this Court suspended the jail sentence of appellant No.2 and released him on bail vide order dated 15.06.2016, the appellant no.2 Monu is in custody since 13.09.2017, so he has learnt a lesson Signature Not Verified SAN and according to listing policy the hearing of this appeal will take time, the

Digitally signed by MANOJ NAIR Date: 2021.08.17 16:40:38 IST 2 CRA-2589-2014 application is allowed and it is directed that the execution of the jail sentence alone passed against the appellant no.2 Monu Sarathe shall remain suspended during the pendency of this appeal and he be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 21/12/2021

and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

The appeal is already admitted, so list for final hearing in due course. C.C. on payment of usual charges.

(RAJEEV KUMAR DUBEY) JUDGE

mn

Signature Not Verified SAN

Digitally signed by MANOJ NAIR Date: 2021.08.17 16:40:38 IST