Babu @ Sadik vs The State Of Madhya Pradesh
2021 Latest Caselaw 261 MP

                                   1                               CRA-1248-2021
        The High Court Of Madhya Pradesh
                   CRA-1248-2021
                   (BABU @ SADIK Vs THE STATE OF MADHYA PRADESH)

1
Gwalior, Dated : 26-02-2021
       Shri G.G. Shivhare, learned counsel for the appellant.
       Smt. Abha Mishra, learned Public Prosecutor for the respondent-State.

I.A. No. 6054/2021, 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. 6230/2021, an application under Section 389 (1) of CrPC for suspension of jail sentence and grant of bail to the appellant.

This appeal has been filed against the judgment of conviction and sentence dated 09/2/2021 passed by Special Judge (MPDVPK Act), Ambah, District Morena in S.S.T No. 15/2015 by which the appellant has been convicted under Sections 427 and 323 of the IPC and has been sentenced to undergo rigorous imprisonment of six months with fine of Rs.2,000/- and rigorous imprisonment of one year with fine of Rs.1,000/- respectively with

default stipulation.

It is submitted by learned counsel for the appellant Babu @ Sadik that the trial Court has wrongly convicted the appellant 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 appellant and grant of bail to him 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 appellant, without commenting on merits of the case, I.A. No. 6230/2021 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on 2 CRA-1248-2021 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 appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his 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.

                                             (RAJEEV KUMAR SHRIVASTAVA)
  ALOK KUMAR
  2021.02.27                                            JUDGE
  09:41:10 -08'00'
  11.0.8


AKS