Ravishankar vs The State Of Madhya Pradesh
2021 Latest Caselaw 8701 MP

                                     1                            CRA-6865-2021
        The High Court Of Madhya Pradesh
                 CRA No. 6865 of 2021
             (RAVISHANKAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 13-12-2021
      Ms. Supriya Singh, Advocate for the appellants.

      Shri Anil Upadhyay, Panel Lawyer for the respondent/State.

Record of the Court below is available.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on I.A. No.21769/2021, 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 No.1 and 2.

This appeal has been preferred against the judgment dated 31.08.2021 passed by First Additional Sessions Judge Balaghat, District Balaghat (M.P.) in Cr.A.No.171/2017, whereby the appellants have been found guilty for the offence punishable under Section 34(2) of M.P. Excise Act and sentenced them to undergo one year and six months RI with fine of Rs.25,000/-with default stipulations respectively.

Learned counsel for the appellants has submitted that the appellants were on bail during the trial and they did not misuse the liberty granted to them. There are fair chances of success of this appeal. Appeal will take time for final hearing. Hence, prayed for suspension of the jail sentence and release of the appellants.

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, this Court is of the view that it is a fit case for grant of bail and suspension of sentence. It is directed that subject to deposit of fine amount, if not already paid, execution of the jail sentence against appellants shall remain suspended till next date of hearing and they be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand 2 CRA-6865-2021 only) each with one surety in the like amount each to the satisfaction of the trial Court, to appear before the trial Court on 22.03.2022 and on subsequent dates as may fixed by the trial Court from time to time till final disposal of the case.

A typed copy of this order be forwarded by the Registry to the Office

of the Advocate General and to the concerned learned Panel Lawyer, on their respective email address for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the learned Court below also.

List this case for final hearing in due course. Certified copy/e-copy as per rules/directions.

(ARUN KUMAR SHARMA) JUDGE

Vin**

Signature Not Verified SAN

Digitally signed by VINOD SHARMA Date: 2021.12.14 17:03:40 IST