Sanjay @ Sanju vs The State Of Madhya Pradesh
2021 Latest Caselaw 8625 MP

                                                                      1                               CRA-6907-2021
                                      The High Court Of Madhya Pradesh
                                               CRA No. 6907 of 2021
                                         (SANJAY @ SANJU AND OTHERS Vs THE STATE OF MADHYA PRADESH)


                         Jabalpur, Dated : 10-12-2021
                                Shri Mohan Sausarkar, learned counsel for the appellants.

                                Smt.Arti Dwivedi, 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.

Also heard on I.A. No.20543/2021, 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 appellants.

Vide the impugned judgment dated 15/11/2021 passed by the Additional Session Judge, Pandhurna District Chhindwara in S.T. No.67/2020, the appellant has been convicted for the offence punishable under Sections 326/34 of IPC and sentenced thereunder to suffer R.I. for four years with fine of Rs.3,000/- each; with default stipulation.

Learned counsel for the appellant submits that appellants were initially

granted bail under Section 324 of IPC but later on Section 326 of IPC has been added, therefore he was not on bail during the trial. However, from the date of judgement i.e 15/11/2021 he is jail. 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 appellants deserves to be allowed.

Learned Panel Lawyer appearing for the 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 appellants. Accordingly, I.A. No.20543/2021 is allowed.

Signature Not Verified

It is directed that on appellants' depositing the fine amount, if not deposited, SAN

Digitally signed by SUSHMA KUSHWAHA Date: 2021.12.10 17:46:14 IST 2 CRA-6907-2021

their remaining jail sentence shall remain suspended and they shall be released on bail upon their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) each with a surety bond of like amount to the satisfaction of trial Court concerned for their appearance before the Registry of this Court on 30.03.2022 and on such other dates as may be fixed by the Registry in this regard.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

sushma

Signature Not Verified SAN

Digitally signed by SUSHMA KUSHWAHA Date: 2021.12.10 17:46:14 IST