Billi @ Ganesh Prajapati vs The State Of Madhya Pradesh
2021 Latest Caselaw 102 MP

                                                         1                                 CRA-959-2021
                              The High Court Of Madhya Pradesh
                                         CRA-959-2021

(BILLI @ GANESH PRAJAPATI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 23-02-2021 Shri G.P. Patel, learned counsel for the appellants. Shri Ajay Shukla, learned PL for the State.

Record was called but yet not received, therefore, Registry is directed to issue reminder for calling the record from the trial Court.

Also heard on I.A. No.2353/2020, filed under Section 389(1) of

Cr.P.C. on behalf of appellants Billi alias Ganesh Prajapati and Rupesh Choudhary for suspension of substantive jail sentence awarded by judgment dated 05.02.2021 passed in Special Session Trial No.252/2018 by Second ASJ, Narsinghpur.

The trial Court convicted the appellant Billi alias Ganesh for the offence under Section 25 of Arms Act and Section 5 of Explosive Substance Act and appellant Rupesh Choudhary for the offence under Section 5 of Explosive Substance Act. The trial Court awarded 3 years R.I., with fine of Rs.2,000/- for the offence under Section 5 of Explosive Substance Act and

one year RI with fine of Rs. 1,000/- for the offence under Section 25 of Arms Act with default stipulation.

The fine amounts have been deposited by the appellants. Photocopy of the receipts are also annexed with the application. It is stated in the application that the trial Court granted temporary suspension of substantive jail sentence till 06.03.2021. This appeal will take sufficient time. Because the appellants were on bail during the trial and the trial Court has already granted suspension till 06.03.2021, therefore, the application is allowed.

It is directed that if the appellants appear before the trial Court on or before 06.03.2021, then they shall be released on bail upon their furnishing a bail bond worth Rs.30,000/- (Rupees Thirty Thousand only) each and a

Signature Not personal bonds of the same amount to the satisfaction of the trial Court. After SAN Verified

Digitally signed by VARSHA DUBEY Date: 2021.02.23 17:02:00 IST 2 CRA-959-2021 furnishing the aforesaid bail bond, the substantive jail sentence of appellants awarded by the trial Court will be treated as suspended till final decision of this appeal.

After releasing on bail, the appellants will appear before the Registry of this Court on 14.12.2021 and thereafter on other subsequent dates as may be fixed by the Registry in this behalf.

List this case alongwith the record for arguments upon admission in the Month of May, 2021.

C.C. as per rules.

                                                                           (B. K. SHRIVASTAVA)
                                                                                   JUDGE


                      VD




Signature
 SAN      Not
Verified

Digitally signed by
VARSHA DUBEY
Date: 2021.02.23
17:02:00 IST