Mahendra Singh Rajpoot vs The State Of Madhya Pradesh
2021 Latest Caselaw 8916 MP

                                 1                              CRA-7101-2021
        The High Court Of Madhya Pradesh
                 CRA No. 7101 of 2021
      (MAHENDRA SINGH RAJPOOT Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Jabalpur, Dated : 16-12-2021
      Shri Ashish Sharma, learned counsel for the appellant.

      Shri K.S. Patel, learned Panel Lawyer for the respondent

No.1/State.

None for the respondent No.2.

Heard on the question of admission.

Let record of the court below be called for. Also heard on I.A.No.21080/2021, which is first application filed under section 389 (1) of Cr.P.C. for suspension of custodial jail sentence and grant of bail filed on behalf of the appellant.

The appellant/accused person have filed this appeal against the judgment dated 13/11/2021 passed by Special Judge (Atrocities), Damoh i n Special Case No. 200082/2014, whereby the appellant has been convicted for commission of offence punishable under Section 325 of the IPC and has been sentenced to undergo RI for a period of six months

and to pay fine of Rs.3,000/- with usual default stipulation.

Learned counsel for the appellant submits that the appellant was on bail during trial and he did not misuse the liberty so granted to him. There are fair chances of success in this appeal and if the custodial sentence of the appellant is not suspended then the appeal filed by him may turn infructuous. The disposal of the appeal will take time. Hence, learned counsel for the appellant prays for suspension of custodial sentence of the appellant.

Learned Panel Lawyer opposed the application and prayed for its rejection.

Looking to the aforesaid facts and circumstances of the case, IA 2 CRA-7101-2021 No.21080/2021 is allowed and it is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant shall remain suspended till further orders and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the

satisfaction of the trial Court for his further appearance before the trial Court on 14.03.2022 and thereafter, on all the dates as may be fixed by the trial Court in this behalf.

List immediately after received of the record on the question of admission.

(ARUN KUMAR SHARMA) JUDGE

skt

Signature Not Verified SAN

Digitally signed by SANTOSH KUMAR TIWARI Date: 2021.12.17 10:25:33 IST