Aijik vs The State Of Madhya Pradesh
2021 Latest Caselaw 3441 MP

                                   1                             CRA-3982-2021
           The High Court Of Madhya Pradesh
                      CRA-3982-2021
                      (AIJIK Vs THE STATE OF MADHYA PRADESH)

1
Jabalpur, Dated : 19-07-2021
       Heard through Video Conferencing.
       Shri L.N. Sakle, Advocate for the appellant.
       Ms. Seema Jaiswal, P.L. for the respondent/State.

Record of the Court below has been received in connected case i.e. Cr.A. No.2048/2019.

Heard on the question of admission as well as on I.A.No.12281/2021, which is an application for suspension of sentence and grant of bail to the appellant.

The appeal is admitted for final hearing.

The appeal has been preferred under Section 374(2) of the Cr.P.C., by t h e appellant against impugned judgment dated 26.06.2021 in S.T. No.71/2018 passed by learned First Sessions Judge, Itarsi, District Hoshangabad (M.P.), whereby the appellant has been convicted for the offence punishable under Section 409 of IPC and has been sentenced to

undergo R.I. for two years with a fine of Rs.1,000/- with default stipulation.

Learned counsel for the appellant submits that the appellant was on bail during the trial and he has not misused the liberty granted to him. He has been falsely implicated in this case. Learned trial Court has already suspended the sentence and granted bail to the appellant till 24.07.2021. This appeal is of year 2021 and its final hearing will take time to conclude. Therefore, the application filed on behalf of the appellant may be allowed and the period of his remaining jail sentence may be suspended further and he may be released on bail.

Learned counsel for the respondent/State has opposed the application. Considering the contention of learned counsel for both the parties and trial Court has already suspended the sentence and grant bail to the appellant, 2 CRA-3982-2021 this appeal is of year 2021, its trial will take long time to conclude but without expressing any opinion on the merits of the case, I am of the considered opinion that it would be appropriate to suspend the custodial sentence awarded to the appellant and grant bail to him.

Consequently, I.A.No.12281/2021 is allowed subject to deposit of fine amount, if not already deposited. The custodial sentence awarded to the

appellant shall remain suspended during the pendency of this appeal.

Appellant Aijik be released from custody subject to his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the Trial Court. The appellant shall appear and mark his presence before the Trial Court on 20.12.2021 and shall continue to do so on all such future dates, as may be given in this behalf, during the pendency of the matter.

List this matter along with Cr.A. No.2048/2019. C.C. as per rules.

(ARUN KUMAR SHARMA) JUDGE

pn

Signature Not Verified SAN

Digitally signed by PANKAJ NAGLE Date: 2021.07.19 17:21:11 IST