Tej Singh Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 8917 MP

                                    1                              CRA-7646-2021
         The High Court Of Madhya Pradesh
                  CRA No. 7646 of 2021
       (TEJ SINGH YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Jabalpur, Dated : 16-12-2021
       Shri G.S. Thakur, learned counsel for the appellants.

       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.22273/2021, 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 appellants.

The appellants/accused person have filed this appeal against the judgment dated 29/11/2021 passed by Special Judge (Atrocities), Tikamgarh in Special Case No. 200074/2016, whereby the appellants have been convicted for commission of offence punishable under Sections 325/34 and 323/34 of the IPC and have been sentenced to

undergo RI for a period of one year and three months respectively and to pay fine of Rs.1,000/- and Rs.500/- for each offence with usual default stipulation.

Learned counsel for the appellants submits that the custodial sentence of the appellants has already been suspended by the trial Court since 28/12/2021. There are fair chances of success in this appeal and if the custodial sentence of the appellants is not suspended then the appeal filed by them may turn infructuous. The disposal of the appeal will take time. Hence, learned counsel for the appellants prays for suspension of custodial sentence of the appellants.

Learned Panel Lawyer opposed the application and prayed for its 2 CRA-7646-2021 rejection.

Looking to the aforesaid facts and circumstances of the case, IA No. 22273/2021 is allowed and it is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellants shall remain suspended till further orders and they be released

on bail on their furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only)each with one separate solvent surety in the like amount to the satisfaction of the trial Court for their 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 10:25:34 IST