Rakesh Sen @ Ballu vs The State Of Madhya Pradesh
2021 Latest Caselaw 4796 MP

                                     1                            CRA-4710-2021
         The High Court Of Madhya Pradesh
                    CRA-4710-2021
          (RAKESH SEN @ BALLU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

1
Jabalpur, Dated : 27-08-2021
       Heard through Video Conferencing.
       Shri Siddharth Datt, Advocate for the appellants.
       Shri Dharmendra Kaurab, 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.14601/2021, which is first application under
Section 389 (1) of the Cr.P.C. filed on behalf of appellants No.2 and 3 for
suspension of sentence and grant of bail.
       A perusal of the judgment reveals that the appellants No.2 and 3 stand
convicted under Section 323 of the IPC and has been sentenced to undergo
rigorous imprisonment for period of six months with fine of Rs.500/- each
with default stipulation.

       Learned counsel for the appellants submits that the jail sentence of the
appellants No.2 & 3 have already been suspended by the trial Court till
28.08.2021

and they have already deposited the fine amount, therefore, it has been prayed that the jail sentence of the appellants No.2 and 3 be suspended and they 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 appellants No.2 and 3 have 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.14601/2021 is allowed.

2 CRA-4710-2021 It is directed that on depositing the fine amount and furnishing a personal bond in the sum of Rs.25,000/- each with one solvent surety in the same amount to the satisfaction of the trial Court for their 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 the appellant No.2 Anil Sen and appellant no. 3 Premnarayan Sen shall remain suspended and they shall be released on bail.

Case be listed for admission after receipt of the record. Certified copy/e-copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

pn

Signature Not Verified SAN

Digitally signed by PANKAJ NAGLE Date: 2021.08.27 17:17:41 IST