Laxman Kurmi vs The State Of Madhya Pradesh
2021 Latest Caselaw 8133 MP

                                   1                              CRA-7123-2021
        The High Court Of Madhya Pradesh
                 CRA No. 7123 of 2021
            (LAXMAN KURMI AND OTHERS Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 02-12-2021
      Shri Mahendra Singh Rajpoot, Advocate for the appellants.

      Shri Anoop Sonkar, Panel Lawyer for the respondent/State.

Record of the Court below be called for.

Heard on I.A.No.21138/2021, which is an application for suspension of sentence and grant of bail to the appellants.

The appeal has been preferred under Section 374(2) of the Cr.P.C., by the appellants against impugned judgment dated 11.11.2021 in Special Case No.200084/2014 passed by learned Special Judge (Atrocities), District Damoh (M.P.), whereby the appellants have been convicted for the offence punishable under Sections 323/34 and 452 of IPC respectively and have been sentenced to undergo R.I. for three and six months respectively with a fine of Rs.1,000/- and 2000/- respectively with default stipulation.

Learned counsel for the appellant submits that the appellants were on bail during the trial and they have not misused the liberty granted to them.

They have been falsely implicated in this case. Learned trial Court has already suspended the sentence and granted bail to the appellants till 10.12.2021. This appeal is of year 2021 and its final hearing will take time to conclude. Therefore, the application filed on behalf of the appellants may be allowed and the period of their remaining jail sentence may be suspended further and they may be released on bail.

Learned counsel for the respondent/State has opposed the application. Considering the contention of learned counsel for both the parties and trial Court has already suspended the sentence and granted bail to the appellants, this appeal is of year 2021, its trial will take long time to conclude but without expressing any opinion on the merits of the case, I am of the considered opinion that it would be appropriate to suspend the custodial sentence awarded to the appellants and grant bail to them.

2 CRA-7123-2021 Consequently, I.A.No.21138/2021 is allowed subject to deposit of fine amount, if not already deposited. The custodial sentence awarded to the appellants shall remain suspended during the pendency of this appeal.

Appellants be released from custody subject to their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only)

with one surety in the like amount to the satisfaction of the Trial Court. The appellant shall appear and mark his presence before the Trial Court on 16.02.2022 and shall continue to do so on all such future dates, as may be given in this behalf, during the pendency of the matter.

List this matter immediately after the receipt of the record on the question of admission.

C.C. as per rules.

(ARUN KUMAR SHARMA) JUDGE

Vin**

Signature Not Verified SAN

Digitally signed by VINOD SHARMA Date: 2021.12.03 10:18:26 IST