Narendra vs The State Of Madhya Pradesh
2021 Latest Caselaw 2110 MP

                                                                                1                           CRA-3088-2021
                                                    The High Court Of Madhya Pradesh
                                                               CRA-3088-2021
                                                                (NARENDRA Vs THE STATE OF MADHYA PRADESH)

                                            2
                                            Indore, Dated : 04-06-2021
                                                  Mr. Dharmendra Kaharwar, learned counsel for appellant.
                                                  Mr. Palash Choudhary, learned Panel Lawyer for the respondent / State

of Madhya Pradesh, on advance notice.

Heard on the question of admission through video conferencing. 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. Heard on IA No.10813/2021, 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 appellant.

The present appellant has been convicted for the offence punishable under section 379 IPC and sentenced to undergo 6 months RI with default stipulation vide judgment dated 24.3.2021 passed by V Additional Sessions Judge, Ujjain (MP) in Sessions Trial No.16/2021.

Counsel for the appellant has submitted that only six months sentence has been awarded to the appellant. The sentence of the appellant has already been suspended by the trial court till 21.5.2021. In similar circumstances, the suspension application of co-accused Naresh has been allowed by this court vide order dated 25.5.2021 in Cr.Appeal No. 3105/2021. In these circumstances, on the ground of parity, the application for suspension of jail sentence be allowed and the appellant be released on bail.

Counsel for the respondent / State of Madhya Pradesh opposes the application by submitting that no sufficient ground is made out for releasing the appellant on bail; hence the application filed by the appellant be dismissed.

Signature Not VerifiedDigitally signed by SAN SMT MUKTA Considering the fact that hearing of the appeal will take sufficient long KOUSHAL Date: 2021.06.05 13:03:32 IST 2 CRA-3088-2021 time due to fresh spread of Covid 19 and suspension application of co- accused has already been allowed, IA No.10813/2021 is allowed and it is directed that on furnishing a personal bond by the appellant in the sum of Rs.25,000/- (Rupees twenty five 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 appellant shall remain suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his presence before the concerned trial Court on 14.12.2021 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

Let the matter be listed for final hearing in due course. C. c. as per rules.

(SUBODH ABHYANKAR) V. JUDGE

MK

Signature Not Verified VerifiedDigitally Digitally signed by SAN SMT MUKTA KOUSHAL Date: 2021.06.05 13:03:32 IST