Shailendra vs The State Of Madhya Pradesh
2021 Latest Caselaw 8470 MP

                                      1                              CRA-7224-2021
        The High Court Of Madhya Pradesh
                 CRA No. 7224 of 2021
                 (SHAILENDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 08-12-2021
       Shri Ravi Dwivedi, learned counsel, for the appellants.

       Shri Abhishek Sharma, learned PL, for the respondent /State.

Heard on admission.

Being arguable, this appeal is admitted for final hearing. Heard on I.A. No.32644/2021, first application under Section 389 (1)

of Cr.P.C for suspension of jail sentence on behalf of the appellants who s to o d convicted by the judgment dated 15.11.2021 passed by Tenth Additional Sessions Judge, Gwalior in S.T. No.124/2014 under Sections 325/149 and 323/149 of IPC and sentenced to undergo RI for ten months with fine of Rs.1000/- and RI for three months with fine of Rs.200/- respectively with default stipulation.

I t is submitted by counsel for the appellant that the trial Court has already suspended the jail sentence of the appellants upto 15/12/2021, which is reflected from paragraph 5.4 of the application for suspension of jail

sentence. This appeal is of the year 2021 and there is no likelihood of this appeal being heard early. He further submits that the appellants have already deposited the fine amount. Appellants are ready to abide with all the conditions which may be imposed by this court while considering this bail application. Hence, the appellants prayed for suspension of sentence and grant of bail.

Per contra, learned counsel for State has opposed the application. Heard learned counsel for the parties and perused the judgment. Considering the overall facts and circumstances of the case, but without commenting on the merits of the case, this Court deems it appropriate to allow the application for grant of suspension of sentence.

Accordingly, application for suspension of sentence is allowed. Subject to verification of deposit of fine amount as imposed by the trial 2 CRA-7224-2021 court, jail sentence of appellants shall remained suspended till final disposal of this appeal on each of them furnishing a personal bond of Rs.50,000/- (Rs. Fifty Thousand Only) with two solvent sureties to the satisfaction of trial Court, for their appearance before Registry of this Court on 28.06.2022 and thereafter on all subsequent dates as may be fixed by the office.

E copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.

Application stands disposed of.

List this appeal for final hearing in due course.

ALOK KUMAR
2021.12.08                                                       (VISHAL MISHRA)
16:22:33                                                              JUDGE
+05'30'

     AKS