Shanker & Anr. vs The State Of M.P.
2021 Latest Caselaw 8132 MP

                                                                            1                                   CRA-1868-1998
                                                The High Court Of Madhya Pradesh
                                                         CRA No. 1868 of 1998
                                                          (SHANKER & ANR. AND OTHERS Vs THE STATE OF M.P.)


                                       Jabalpur, Dated : 02-12-2021
                                              Shri Rajesh Kumar Nema, learned counsel for the appellants.

                                              Smt. Ekta Gupta, PL for the respondent/State.

Heard on IA No.20911/2021, application for suspension of custodial sentence passed against appellants namely Shanker and Gangaram.

This appeal has been preferred against the judgment dated 5/8/1998

p a s s e d by Additional Sessions Judge, Ashta Distt. Sehore in S.T.No.94/1997, whereby learned ASJ found the appellant no.1 guilty for the offence punishable under Section 326 of the IPC and sentenced him to undergo R.I. for 3 years with fine of Rs.2000/- with default clause and appellant no.2 guilty for the offence punishable under Section 326/34 of the IPC and sentenced him to undergo R.I. for 3 years with fine of Rs.1000/- with default clause.

Learned counsel for the appellants submitted that earlier, Coordinate Bench of this Court vide order dated 31/8/1998 suspended the jail sentence of

the appellants and directed to release them on bail. Thereafter, vide order dated 17/2/1999 the coordinate Bench of this Court directed them to appear before the trial Court since then the appellants are regularly appearing before the trial Court. On 21/10/2021, due to non-availabilty of the appellants' Advocate before this Court, this Court forfeited the bail bonds of the appellants and issued warrants of arrest against them, while in the absence of the counsel of the appellants before this Court, there is no fault of the appellants. The appellants are in custody since 19/11/2021. So, the appellants be again released on bail.

Learned counsel for the State opposed the prayer. Looking to the reasons assigned by the appellants, the application is allowed and it is directed that the execution of the jail sentence alone passed against the appellants shall remain suspended during the pendency of this Signature Not Verified SAN

Digitally signed by MONIKA CHOURASIA Date: 2021.12.02 16:19:04 IST 2 CRA-1868-1998 appeal and they be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with one surety each in like amount to the satisfaction of the trial Court for their appearance before the Registry of this Court on 7/1/2022 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

m/-

Signature Not Verified SAN

Digitally signed by MONIKA CHOURASIA Date: 2021.12.02 16:19:04 IST