Nathu Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 260 MP

                                   1                              CRA-1232-2021
        The High Court Of Madhya Pradesh
                   CRA-1232-2021
             (NATHU SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

1
Gwalior, Dated : 26-02-2021
      Shri D.S. Rajawat, learned counsel for the appellants.
      Smt. Abha Mishra, learned Public Prosecutor for the respondent-State.

I.A. No. 5980/2021, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

The appeal being arguable is admitted for final hearing.

Record of the Court below be also called.

Also, heard on I.A. No. 5979/2021, an application under Section 389 (1) of CrPC for suspension of jail sentence and grant of bail to the appellants.

This appeal has been filed against the judgment of conviction and sentence dated 12/2/2021 passed by Fourth Additional Sessions Judge, Circuit Bench Radhogarh, District Guna in S.T No. 110/2019 by which the appellants have been convicted under Section 326/34 of the IPC and have been sentenced to undergo rigorous imprisonment of three years with fine of Rs.2,000/- with default stipulation.

It is submitted by learned counsel for the appellants Nathu Singh, Lalu @ Kalu Ram and Raj Kumar that the trial Court has wrongly convicted the appellants without properly appreciating the materials and evidence available on record. It is further submitted that there is no possibility of final hearing of this appeal in near future. Hence, prayed to suspend the jail sentence of the appellants and grant of bail to them looking to the short period of jail sentence.

Learned counsel for the State opposed the suspension application and prayed to reject the same.

Considering the short period of jail sentence of the appellants, without commenting on merits of the case, I.A. No. 5979/2021 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on each of 2 CRA-1232-2021 the appellants' furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned Court, the remaining jail sentence of the appellants shall remain suspended and they be released on bail. The appellants are further directed to mark their appearance before the Office of this Court on 05/4/2021 and on subsequent dates given by the Office in this

regard, till final disposal of this appeal.

List the case for final hearing in due course.

Certified copy/E-copy as per rules.

  ALOK KUMAR
                                              (RAJEEV KUMAR SHRIVASTAVA)
  2021.02.27                                             JUDGE
  09:41:26 -08'00'
  11.0.8

AKS