Akhlesh Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 9061 MP

                                 1                               CRA-6105-2021
        The High Court Of Madhya Pradesh
                 CRA No. 6105 of 2021
                (AKHLESH YADAV Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 21-12-2021
      Shri Siddharth Datt, senior Advocate with Shri Mayank Sharma,

learned counsel for the appellant.
      Shri S.K Parihar, learned panel lawyer for the respondent/State.

Heard on I.A.No.18491/2021, this is first application for suspension of jail sentence and grant of bail moved by the appellant is

taken up and considered.

T hi s Criminal appeal assails the judgment dated 07.09.2021 passed in S.T. No.116/2017 by Fourth Additional Sessions Judge, Tikamgarh, whereby the appellant has been convicted under Sections 120-B, 420, 467 a n d 468 of the Indian Penal Code and sentenced to undergo 5 years R.I. and fine of Rs.5000/- respectively with default stipulations and under Section 471 of the Indian Penal Code and sentenced to undergo 3 years R.I. and fine of Rs.5000/-, with default stipulation.

It is submitted by the counsel for the appellant that the appellant has served the jail sentence as an under-trial prisoner w.e.f 30/01/2017 to 25/05/2017 and after judgement he is in jail since 07/09/2021.

Counsel appearing for the State has opposed the application and prays for dismissal of the application. Considering the fact that he has already remained 80% of the custody, the application is allowed. Considering the custody period and subject to verification of the fact that fine amount has already been deposited and there is no likelihood of early disposal of the appeal in near future, this court is inclined to grant bail to appellant by way of suspension of sentence.

                                     2                            CRA-6105-2021
        Ac c or di ngl y, without       expressing   any    opinion   on     the

merits, I.A.No.18491/2021 i s 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 29.04.2022 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

Prar

Digitally signed by PRARTHANA SURYAVANSHI Date:

2021.12.22 11:42:24 +05'30'