Citation : 2021 Latest Caselaw 159 MP
Judgement Date : 24 February, 2021
1 CRA-3021-2020
The High Court Of Madhya Pradesh
CRA-3021-2020
(REVJI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
7
Jabalpur, Dated : 24-02-2021
Mr. P.S. Chouhan, learned counsel for the appellants.
Ms. Seema Jaiswal, learned Panel Lawyer for the respondent/State.
Considering the reasons mentioned in the application (I.A. No.10355/2020), it is found that cause of delay has been explained properly and sufficient grounds have been made out to condone the delay of four
days. Accordingly, I.A. No.10355/2020 is allowed, delay of four days in filing the appeal is condoned.
Heard on the question of admission.
Appeal seems to be arguable, hence admitted for hearing. Heard on I.A.No.10354/2020, which is first application for suspension o f sentence and grant of bail to the appellants who stand convicted vide judgment dated 16.03.2020 passed by 1st Additional Sessions Judge, Multai, district- Betul in ST No.204/2015 for offences punishable under Sections 420/120-B, 467/120-B, 468/120-B and 471/120-B of the Indian Penal Code
and sentenced to undergo R.I. for three years along with fine of Rs.2,000/- (on each count) with default stipulation.
Learned counsel for the appellants submits that the appellants have been sentenced to undergo only for three years on each count. It is contended that the trial Court has not considered the evidence on record properly. It is contended that the appellants are in custody since the date of the judgment. The final disposal of this appeal would take considerable time, hence, the substantive jail sentence of the appellants be suspended and he be granted bail.
Learned Panel Lawyer for the State has vehemently opposed the bail application.
Considering the facts and circumstances of the case and taking into 2 CRA-3021-2020 account the period of sentence imposed on the appellants, without commenting upon the merits of the case, I.A. No.10354/2020 is allowed. It is directed that on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with a Surety each in the like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellants, namely, Appellant No.1 -
Revji; Appellant No.2- Ochha; Appellant No.3- Amarlal; and Appellant No.4 - Radhelal shall remain suspended during the pendency of this case and they be released on bail. The appellants shall appear before the concerned trial Court on 19.07.2021 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.
Accordingly, I.A.No.10354/2020 stands disposed of. List the case for hearing in due course.
(SMT. ANJULI PALO) JUDGE
ks
Signature Not Verified SAN
Digitally signed by KOUSHLENDRA SHARAN SHUKLA Date: 2021.02.24 17:22:53 IST
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