Mahipal Prajapati vs The State Of Madhya Pradesh
2021 Latest Caselaw 8528 MP

                                   1                               CRA-7350-2021
        The High Court Of Madhya Pradesh
                 CRA No. 7350 of 2021
          (MAHIPAL PRAJAPATI AND OTHERS Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 09-12-2021
      Shri D.K. Khare, Advocate for the appellants.

      Shri Omprakash Patel, P.L. for the respondent/State.

Heard on admission.

Let record of the court below be called for. Also Heard on I.A. No.21652/2021, which is an application under

Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants.

This appeal has been preferred against the judgment dated 26.11.2021 passed by 5th ASJ, Sidhi in S.T. No. No.154/2014, whereby the appellants have been found guilty for the offence punishable under Sections 308 of the IPC and has been sentenced to undergo RI for a period of 3 years with a fine of Rs.500/- each with default stipulation.

Learned counsel for the appellants submits that the appellants has already been suspended by the trial Court till 22.12.2021, therefore, therefore,

it has been prayed that the application for suspension of sentence and grant of bail be allowed and they be released on bail.

On the other hand, learned counsel for the State opposed the prayer and rejection of the same.

Looking to facts and circumstances of the case and on perusal of record, particularly the fact that the jail sentence of the appellants has already been suspended by the trial Court, in the opinion of this Court, this is a fit case for grant of bail and suspension of sentence to appellants.

It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellants shall remain suspended during the pendency of this appeal and they be released on bail on their furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand only) with one surety in the like amount to the satisfaction of the 2 CRA-7350-2021 trial Court for their appearance before the Registry of this Court on 14.03.2022 and thereafter on all other such subsequent dates as may be fixed in this regard.

A t the time of the release of the appellants from custody, all the instructions issued by the Government related to Covid-19 shall also be

followed by the concerned authorities.

In case, the appellants are found absent on any date fixed by the Court then the said Court shall be free to issue and execute warrant of arrest without referring the matter to this Court, provided the Registry of this Court is kept informed.

The appeal be listed for final hearing in due course as per listing policy. Certified copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

sh

Signature Not Verified SAN

Digitally signed by S HUSHMAT HUSSAIN Date: 2021.12.09 16:10:33 IST