Chandrama Kushwaha vs The State Of Madhya Pradesh
2021 Latest Caselaw 8918 MP

                                 1                             CRA-7530-2021
        The High Court Of Madhya Pradesh
                 CRA No. 7530 of 2021
        (CHANDRAMA KUSHWAHA AND OTHERS Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 16-12-2021
      Ms. Srishti Kashyap, learned counsel for the appellants.

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

Shri Rohit Sharma, learned counsel for the complainant. Heard on the question of admission.

Let record of the court below be called for.

Also heard on I.A.No.22034/2021, 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 Nos. 2, 3 and 5.

T he appellant Nos. 2, 3 and 5/accused person have filed this appeal against the judgment dated 03/12/2021 passed by IInd Additional Sessions, Judge, Mauganj, District-Rewa in S.T. No. 270/2014, whereby the appellant Nos. 2, 3 and 5 have been convicted for commission of offence punishable under Section 323/34 of the IPC and they have been sentenced to undergo RI for a period of four months for

each offence and to pay fine of Rs.1,000/- 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 02/01/2022. There are fair chances of success in this appeal and if the custodial sentence of the appellant Nos. 2,3 and 5. 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 appellant Nos. 2,3 and 5..

Learned Panel Lawyer as well as learned counsel for the complainant opposed the application and prayed for its rejection.

2 CRA-7530-2021 Looking to the aforesaid facts and circumstances of the case, IA No. 22034/2021 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 Nos. 2, 3 and 5 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