Raghvendra Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8188 MP

                                   1                               CRA-7169-2021
        The High Court Of Madhya Pradesh
                 CRA No. 7169 of 2021
               (RAGHVENDRA SINGH Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 03-12-2021
      Shri Shailendra Singh Patel, learned counsel for the appellant.

      Shri Amit Bhurrak, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Considering the fact that the appeal involves arguable point, it is admitted for hearing.

Record of the Court below be called for.

Also heard on I.A. No.21258/2021, which is the first application under Section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant of bail to the appellant.

Vide the impugned judgment dated 22.10.2021 passed by the Special Judge (Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989), Chhatarpur in SCSTR No.13/2016, the appellant has been convicted for the offence punishable under Sections 458 and 327 of the Indian Penal Code and sentenced thereunder to suffer

RI for 3 years with fine of Rs.1000/- and RI for 3 years with fine of Rs.1000/- respectively with default stipulations and also under Sections 25(1-kha) (ka) and 27 of the Arms Act and sentenced thereunder suffer RI for 2 years with fine of Rs.1000/- and RI for 3 years with fine of Rs.1000/- respectively, with default stipulations. However, all the sentences are directed to run concurrently.

Learned counsel for the appellant submits that the trial Court has suspended the jail sentence of the appellant till 06.12.2021. He submits that considering the fact that the appeal would take time to be heard finally, the application for suspension of sentence and grant of bail to the appellant deserves to be allowed.

      Shri   Bhurrak,    learned       Panel   Lawyer   appearing for       the
                                     2                           CRA-7169-2021

respondent/State on the other hand has opposed the application.

Considering the aforesaid, without commenting anything on the merits of the case, I am inclined to consider and allow the application of suspension of sentence and grant of bail to the appellant. Accordingly, I.A. No.21258/2021 is allowed.

It is directed that on appellant's depositing the fine amount, if not deposited, his remaining jail sentence shall remain suspended and he shall be released on bail upon his furnishing a personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand) with a surety bond of like amount to the satisfaction of trial Court concerned for his appearance before the Registry of this Court on 10.03.2022 and on such other dates as may be fixed by the Registry in this regard.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

ac/-

ANIL CHOUDHARY 2021.12.04 11:31:14 +05'30'