Rajbali Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 3806 MP

                                   1                              CRA-4299-2021
         The High Court Of Madhya Pradesh
                    CRA-4299-2021
            (RAJBALI SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

1
Jabalpur, Dated : 31-07-2021
        Heard through Video Conferencing.

        Shri Vivek Shukla, learned counsel for the appellants.
        Shri Punit Shroti, learned Panel Lawyer for the State.
        Heard on question of admission.
        Record of the Court below be called for.

        The appeal is admitted for final hearing.
        Also heard on I.A.No.13427/2021, an application under Section
389(1) of the Code of Criminal Procedure filed on behalf of the
appellants for suspension of sentence and grant of bail.
        The appellants have been convicted vide impugned judgment dated
09.07.2021

passed by the III ASJ Singrauli head quarter Waidhan in Sessions Trial No.1500154/2016 for offences punishable under sections 326 (for inflicting injury to Mohanram), 325/34 (Two Counts), 324 and

323 (Four Counts) of the Indian Penal Code and sentenced to undergo R.I. for 3 years, 2 years, 2 years & 6 months with fine of Rs.300/-, Rs.100/-, Rs.200/- and Rs.100/- with default stipulations.

Learned counsel for appellants submitted that the maximum sentence awarded to the appellants is of 3 years. The jail sentence of the appellants have been suspended by the trial Court and they have been released on bail till 08.08.2021. Due to COVID-19 pandemic, the final disposal of this appeal would take considerable time, therefore, prayer has been made to suspend the jail sentence of the appellants and grant of bail.

Learned Panel Lawyer for the State has strongly opposed the prayer for suspension of sentence.

2 CRA-4299-2021 Looking to the period of jail sentence awarded to the appellants and their period of custody, without commenting upon the merits of the case, the application is allowed.

It is directed that on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like

amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellants shall remain suspended during the pendency of this case and they be released on bail. The appellants shall appear before the concerned trial Court on 25.11.2021 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.13427/2021 stands allowed. List for final hearing in due course.

Certified copy as per rules.

(SMT. ANJULI PALO) JUDGE

ashish

Signature Not Verified SAN

Digitally signed by ASHISH KUMAR LILHARE Date: 2021.07.31 16:36:02 IST