Arvind vs The State Of Madhya Pradesh
2021 Latest Caselaw 3747 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                   CR. A. No. 4337 / 2021
            ARVIND AND ANOTHER Vs. STATE OF MP
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INDORE, Dated : 30/07/2021
     Heard through video conferencing.
     Mr. Vivek Singh, learned counsel for the appellants.
     Mr. Vismit Panot, learned PL for the respondent -

State.

Heard on the question of admission. Appeal is admitted for hearing.

Heard on I.A.No. 19960/2021, an application u/S. 389 of the Code of Criminal Procedure, 1973 for grant of bail and suspension of execution of remaining jail sentence.

The appellants have been convicted u/S. 34(2) of the Excise Act and sentenced to undergo 2 years RI with fine Rs.50,000/-, in default of payment of fine to further undergo 6 months RI, vide judgment dated 19/7/2021 passed by the Addl. Sessions Judge, Jobat, Distt. Alirajpur in S.T.No. 144/2017.

Learned counsel for the appellants submitted that the impugned judgment is contrary to law and facts. The learned trial Court was wrong in believing the prosecution witnesses and discarding the defense version. There are material contradictions and omissions in the statement of prosecution witnesses. Final conclusion of the appeal is likely to take sufficient long time. Under these circumstances, he prays for grant of bail and suspension of execution of remaining jail sentence.

Per contra, learned counsel for the respondent - State HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

CR. A. No. 4337 / 2021 ARVIND AND ANOTHER Vs. STATE OF MP

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opposed the application for grant of bail and prays for its rejection.

After considering the submissions of the learned counsel for the parties and looking to the facts and circumstances of the case and the nature of offence, it would be appropriate to allow the application for grant of bail.

Accordingly, I.A.No. 19960/2021 is allowed. It is directed that execution of remaining jail sentence awarded to appellants Arvind and Dharasingh shall remain suspended and subject to depositing the amount of fine, the appellants shall be released on bail on their each furnishing personal bond of Rs.1,00,000/- (Rs. One lac) with one surety in the like amount to the satisfaction of the trial Court for their appearance before the Office / Registry of this Court on 20/09/2021 and on such other dates as may be fixed in this behalf.

Certified copy, as per Rules.

(ANIL VERMA) JUDGE KR

Digitally signed by KAMAL RATHORE Date: 2021.07.30 14:22:46 +05'30'