Narmada Prasad @ Nabbu vs The State Of Madhya Pradesh
2021 Latest Caselaw 9124 MP

                                                                  1                              CRA-7729-2021
                                        The High Court Of Madhya Pradesh
                                                 CRA No. 7729 of 2021
                                       (NARMADA PRASAD @ NABBU AND OTHERS Vs THE STATE OF MADHYA PRADESH)


                                Jabalpur, Dated : 22-12-2021
                                     Shri Aseem Kumar Dixit, learned counsel for the appellants.

                                    Shri Pushpendra Verma, learned Panel Lawyer for respondent.

Record of the Court below be requisitioned.

Heard on question of admission.

Appeal is admitted for hearing.

Heard on I.A .No.22441/2021 an application filed by appellant No.1 Narmada Prasad @ Nabbu, appellant No.2 Shillu @ Shailendra, appellant No.3 Pappu @ Rakesh Katiya, appellant No.4 Mukesh Katiya, appellant No.5 Rewaram, appellant No.6 Onkar Katiya, appellant No.7 Jitendra Katiya under section 389(1) of Cr.P.C. for suspension of their jail sentence passed by the learned 1st Additional Sessions Judge Pipariya, District Hoshangabad in Sessions Trial No.276/2015 convicting the appellants under Sections 148, 452, 323/149 (4 counts as regards appellant No.2), Section 326 (as regards the appellant No.2), Section 323 (4 counts as regards appellant Nos.1 & 3 to 7, Section 326/149 (as regards appellant Nos.1 & 3 to 7) and sentencing them undergo rigorous imprisonment for 6 months, 6 months, 3 months, 2 years, 3 months, 2 years with fine & default stipulation.

Learned counsel for the appellants submits that maximum sentence is two years and the jail sentence of the appellants has already been suspended by the Trial Court till 29.12.2021. Impugned judgment has been passed on conjectures and surmises. Finding of the learned lower Court is contrary to law and there are fair chances to succeed in the case. The disposal of this appeal will take time. On these grounds, learned counsel prays for suspension of execution of jail sentence and grant of bail.

Learned Panel Lawyer for the respondent/State opposes the application and prays for its rejection.

After hearing learned counsel for the parties and considering the over all facts and circumstances of the case, this application is allowed. It is ordered that subject to payment of fine amount, if not already deposited, the execution of remaining jail sentence of appellant No.1 Narmada Prasad @ Nabbu, appellant No.2 Shillu @ Shailendra, appellant No.3 Pappu @ Rakesh Katiya, appellant No.4 Mukesh Katiya, appellant No.5 Rewaram, appellant No.6 Onkar Katiya, appellant No.7 Jitendra Katiya shall remain suspended during the pendency of this appeal and they shall be released on bail on their furnishing a personal bond for a sum of Rs.50000/- (Rupees Fifty Thousand Only) each with two sureties each in the like amount to the satisfaction of Signature Not Verified SAN the Trial Court for their appearance before the Trial Court on 30.3.2022 and

Digitally signed by AMIT JAIN Date: 2021.12.22 19:18:15 IST 2 CRA-7729-2021 thereafter on all other such subsequent dates as may be fixed by the Trial Court in this regard.

Appeal be listed for final hearing in due course as per listing policy.

Certified copy as per rules.

(VIVEK AGARWAL) JUDGE

amit

Signature Not Verified SAN

Digitally signed by AMIT JAIN Date: 2021.12.22 19:18:15 IST