Golu @ Himalaya vs The State Of Madhya Pradesh
2021 Latest Caselaw 8219 MP

                                   1                               CRA-7137-2021
        The High Court Of Madhya Pradesh
                 CRA No. 7137 of 2021
                (GOLU @ HIMALAYA Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 04-12-2021
       Shri Jafar Khan, learned counsel for the appellant.

       Shri Rajeev Pandey, Panel Lawyer for the respondent/State.

Record of the Court below be called for.

Heard on I.A.No.21189/2021, which is an application for suspension of sentence and grant of bail to the appellant.

The appeal has been preferred under Section 374(2) of the Cr.P.C., by the appellants against impugned judgment dated 25/11/2021 passed by Third Additional Sessions Judge, Sagar in S.T. No. 105/2017, whereby the appellant has been convicted for the offence punishable under Section 326 of the IPC and sentenced to undergo R.I. for three months and to pay fine amount of Rs.5000/- with usual default stipulation.

Learned counsel for the appellant submits that jail setnence of the appellant has already been suspended by the trial Court till 26/12/2021. There are fair chances of success of this appeal and if the custodial sentence of the

appellant is not suspended, then the appeal filed by him may turn infructuous. There is no possibility final hearing in appeal in near future. Under these circumstances, learned counsel for the appellant prays for suspension of custodial sentence and grant of bail to the appellant.

Learned Panel Lawyer has opposed the application and prayed for its rejection.

Considering the aforesaid facts and circumstances of the case coupled with the fact that trial Court has already suspended the sentence 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 appellant and grant bail to him.

Consequently, I.A.No.21189/2021 is allowed subject to deposit of fine amount, if not already deposited. The custodial sentence awarded to the 2 CRA-7137-2021 appellant shall remain suspended during the pendency of this appeal.

Appellant be released from custody subject to his 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

18/04/2022 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

skt

Signature Not Verified SAN

Digitally signed by SANTOSH KUMAR TIWARI Date: 2021.12.04 15:58:35 IST