Kapil Chaturvedi vs The State Of Madhya Pradesh
2021 Latest Caselaw 3703 MP

                                                                     1                                 CRA-4335-2021
                                            The High Court Of Madhya Pradesh
                                                       CRA-4335-2021
                                                   (KAPIL CHATURVEDI Vs THE STATE OF MADHYA PRADESH)

                                    1
                                    Jabalpur, Dated : 29-07-2021
                                          Heard through Video Conferencing.

                                          Shri S.N.Pandey, learned counsel for the appellant.
                                          Shri Anand Kumar Shukla, learned Panel Lawyer for the
                                    respondent/State.

Heard on admission.

Admit.

Call for record from the trial court.

Also heard upon I.A. No.13550/2021 filed under Section 389 (1) of Cr.P.C. for suspension of substantive jail sentence awarded to appellant Kapil Chaturvedi by the Sixth Additional Sessions Judge, Chhatarpur in Sessions Trial No.200144/2014 vide judgment dated 8/7/2021.

The trial Court convicted the appellant for an offence punishable under Section 324 of IPC and sentenced to R.I. for 3 years with fine of Rs.5000/-, in default of payment of fine to undergo 1 month RI.

I t is submitted by the learned counsel for appellant that the appellant was on bail during trial and after conviction also he has already released on bail by the trial Court upto 22.08.2021 and it is not alleged that he misused the liberty granted in this regard. It is further submitted that there is no chance of early hearing of this appeal and it will take a considerable time for final hearing, therefore, the appellant may be released on bail.

Learned Panel Lawyer on the other hand opposes the application for suspension of sentence.

Keeping in view the facts and circumstances of the case and the facts that the appellant has been convicted for sentence of three years, he was on bail during trial and after conviction also he has been granted bail till 22.8.2021, he has not misused the liberty granted to him, without expressing any opinion on the merits of the matter, I find it to be a fit case for suspending the sentence and enlarging appellant on bail. Signature Not Verified SAN

Accordingly, the application is allowed and it is directed that the Digitally signed by TRUPTI GUNJAL Date: 2021.07.30 16:00:25 IST 2 CRA-4335-2021

execution of jail sentence of appellant shall remain suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court for his appearance before the Registry of this Court on 15.12.2021 and

thereafter on such other dates as may be directed by the office.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant.

List the appeal for final hearing in due course. Certified copy as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

TG /-

Signature Not Verified SAN

Digitally signed by TRUPTI GUNJAL Date: 2021.07.30 16:00:25 IST