Jhamaklal vs The State Of Madhya Pradesh
2021 Latest Caselaw 8614 MP

                                                                             1                              CRA-7435-2021
                                                   The High Court Of Madhya Pradesh
                                                            CRA No. 7435 of 2021
                                                         (JHAMAKLAL Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                                            Indore, Dated : 10-12-2021
                                                  Shri R.R. Trivedi learned counsel for the appellant.

                                                  Shri Kapil Mahant, learned Panel Lawyer for the respondent/State.

Also heard on I.A. No.29553/2021, an application filed under section 389(1) of CrPC for suspension of sentence and grant of bail moved on behalf of appellant.

The appellant has been convicted for the offence punishable under sections 452, 323 (2 counts) of IPC, 1860, sentenced to undergo 02 years, 6 months R.I, respectively with fine and default stipulation by the judgment dated 12/11/2021 passed by the 1st Special Judge, SC/ST (PA) Act, 1989 in Special Trial No.06/2017.

Learned counsel for the appellant has submitted that the appellant was on bail during trial and he has not misused the liberty so granted to hi m. There a r e fai r chances o f success i n the appeal. There is no possibility of early conclusion of the appeal and if the sentence is not

suspended, the appeal will turn infructuous. The appellant i s ready to deposit the fine amount. Under these circumstances, counsel prayed for suspension of remaining jail sentence of appellant and grant of bail.

Learned Public Prosecutor opposes the application, by submitting that no sufficient ground is made out for releasing the appellant on bail, hence the application filed by the appellant be dismissed.

Considering t h e facts a n d circumstances o f t h e case and the arguments advanced by learned counsel for the parties, this Court i s of the considered opinion that the application for suspension of custodial sentence moved on behalf of appellant deserves to be allowed.

It i s directed that the execution of the jail sentence alone passed Signature Not VerifiedDigitally signed by SAN SUMATHI JAGADEESAN Date: 2021.12.10 17:57:58 IST 2 CRA-7435-2021 against the appellant shall remain suspended during the pendency of this appeal and he be released on bail subject to depositing the fine amount, if already not deposited and upon furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before

the Registry of this Court on 27/01/2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

T h e jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the appellant.

With the aforesaid I.A. No.29553/2021 stands disposed of. Let the record be requisitioned.

List the appeal in due course.

C.C. as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

sumathi

Signature Not Verified VerifiedDigitally Digitally signed by SAN SUMATHI JAGADEESAN Date: 2021.12.10 17:57:58 IST