Amar Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8685 MP

                                                                           1                              CRA-7146-2021
                                                 The High Court Of Madhya Pradesh
                                                          CRA No. 7146 of 2021
                                                            (AMAR SINGH Vs THE STATE OF MADHYA PRADESH)


                                       Jabalpur, Dated : 13-12-2021
                                                Shri D.C. Mallik, Advocate for the appellant.

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

Heard on I.A. No.21208/2021, an application for condonation of delay.

For the reasons stated in the application, the same is allowed.

Delay in filing the appeal is hereby condoned. Also heard on the question of admission. Appeal appears to be arguable hence it is admitte d for final hearing.

Call for record of the trial Court.

Also heard on I.A.No.21206/2021, a first application for suspension of jail sentence and grant of bail moved by the appellant.

T hi s Criminal appeal assails the judgment dated 25.07.2017 passed in S.T. No.8/2016 by First Additional Sessions Judge, Bina,

District Sagar, whereby the appellant has been convicted and sentenced under Section 436 of IPC for Six months R.I. and fine of Rs.2,000/-, with default stipulations.

Learned counsel for the appellant submits that the appellant was not aware of the fact of passing of the final judgment by the trial Court. He was only informed by his counsel that his case has been closed by the trial Court; therefore, he could not surrender in time. Now, he is in custody since 13.11.2021. The amount of fine has already been deposited in the trial Court. He is ready to abide by all terms and conditions that may be imposed by this Court while considering his application.

In view of the said facts and that there is no likelihood of early Signature Not Verified SAN

disposal of the appeal in near future, this Court is inclined to grant bail to Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.12.14 10:51:06 IST 2 CRA-7146-2021

appellant by way of suspension of sentence.

Accordingly, without expressing any opinion on the merits, I.A.No.21206/2021 is allowed and it is directed that the jail sentence of the appellant will remain under suspension subject to the verification that the amount of fine have been deposited, on the appellant furnishing bail

bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court concerned for his appearance before the Registry of this Court on 28.06.2022 and thereafter on such other dates as may directed by the Registry of this Court in this regard.

List the matter for final hearing in due course of time at its own turn.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE

taj

Signature Not Verified SAN

Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.12.14 10:51:06 IST