Jagdish Parmar vs The State Of Madhya Pradesh
2021 Latest Caselaw 3512 MP

                                                                                 1
                                                                                                                     CRA No.4187/2021

                                                          High Court of Madhya Pradesh, Jabalpur
                                                                      Bench at Indore
                                                        Criminal Appeal No.4187/2021
                                            Indore, Dated 22.07.2021
                                                     Hearing through Video Conferencing.

                                                     Shri Arvind Parmar, learned counsel for appellant No.1

                                            Jagdish Parmar s/o Bapulal Parmar and appellant No.2 Vimlabai

                                            Parmar w/o Jagdish Parmar.

                                                     Shri Arjun Pathak, learned Panel Lawyer for the respondent /

State of Madhya Pradesh, on advance notice.

Heard on the question of admission.

Criminal appeal filed under Section 374 (2) of the Code of

Criminal Procedure, 1973 is admitted for final hearing.

No separate notice is required to be issued to the respondent /

State.

Also heard on IA No.19069/2021, first application under

Section 389 (1) of the Code of Criminal Procedure, 1973 for

suspension of jail sentence and grant of bail filed on behalf of the

appellants.

The present appellants have been convicted and sentenced by

learned 4th Additional Sessions Judge Shujalpur, District Shajapur

(MP) in Sessions Trial No.49/2019 vide judgment dated 07.07.2021,

as under: -

                                                          Conviction                      Sentence
                                                Section            Act      RI       Fine amount     Imprisonment in lieu of fine

Signature Not VerifiedDigitally signed by SAN RAMESH CHANDRA PITHWE Date: 2021.07.22 18:48:36 IST

CRA No.4187/2021 504/34 IPC 1 year Rs.500/- 2 months RI 323/34 IPC 6 months Rs.500/- 2 months RI

Counsel for the appellants has submitted that the appellants

were on bail during the trial and they did not misuse the liberty so

granted to them. After conviction, the jail sentence of the appellants

has already been suspended by the trial Court itself up to 07.08.2021.

It is further submitted that there are fair chances of success in the

appeal, there is no possibility of early disposal of this appeal in near

future; and if the sentence is not suspended, then the present appeal

filed by the appellants may turn infructuous. Under these

circumstances and looking to the short sentence imposed on the

appellants, counsel for the appellants prays for suspension of jail

sentence of the appellants and grant of bail to them.

Counsel for the respondent / State of Madhya Pradesh opposes

the application by submitting that no sufficient ground is made out

for releasing the appellants on bail; hence the application filed by the

appellants be dismissed.

Considering the facts and circumstances of the case and the

arguments advanced by the counsel for the parties, this Court is of

the considered opinion that the application for suspension of

custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the

case, IA No.19069/2021 is allowed and it is directed that on

Signature Not VerifiedDigitally signed by SAN RAMESH CHANDRA PITHWE Date: 2021.07.22 18:48:36 IST

CRA No.4187/2021

furnishing a personal bond by each of the appellants in the sum of

Rs.50,000/- (Rupees fifty thousand only) with a solvent surety in

the like amount to the satisfaction of the learned trial Court, for his /

her regular appearance before concerned trial Court, the execution

of the custodial part of the sentence imposed against the appellants

shall remain suspended, till the final disposal of this appeal.

The appellants, after being enlarged on bail, shall mark their

presence before the concerned trial Court on 10.01.2022 and on all

such subsequent dates, as may be fixed by the concerned Court in

this regard.

Let the record of the case from the concerned trial Court be

requisitioned.

It is made clear that after being released on bail, if the

appellant again indulges himself in any criminal activity, the present

bail order shall stand cancelled without further reference to the Court

and the police shall be entitled to arrest the appellant in the present

case also.

Let the matter be listed for final hearing in due course.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

Signature Not Verified VerifiedDigitally Digitally signed by SAN RAMESH CHANDRA PITHWE Date: 2021.07.22 18:48:36 IST