Upendra Bais vs The State Of Madhya Pradesh
2021 Latest Caselaw 2116 MP

                                    1                               CRA-2804-2021
        The High Court Of Madhya Pradesh
                   CRA-2804-2021
                    (UPENDRA BAIS Vs THE STATE OF MADHYA PRADESH)

2
Jabalpur, Dated : 04-06-2021
       Heard through Video Conferencing.
       Shri Akhilesh Singh, counsel for the appellant.
       Ms. Supriya Singh, Panel Lawyer for the respondent/State.

Heard on admission.

The appeal seems to be arguable, therefore, admitted for hearing.

Also heard on I.A.No. 6547/2021, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant.

Appellant has been convicted by the impugned judgment dated 18.3.2021 passed in S.T. No. 78/2019 by the IInd Additional Sessions Judge, District Rewa for offence under Section 411 of the Indian Penal Code and sentenced to undergo two years R.I. and fine of Rs. 10,000/-, with default stipulation.

Learned counsel for the appellant submitted that fine amount has

already been deposited by him. Under Section 389 of Cr.P.C., appellant has been bailed out by the trial Court. Disposal of the appeal will take some time. Hence, the substantive jail sentence of the appellant be suspended and he be released on bail.

Learned Panel Lawyer for the State has vehemently opposed the application for suspension of sentence.

Considering the facts and circumstances of the case and the period of sentence awarded to the appellant, without commenting upon the merits of the case, I.A. No. 6547/2021 is allowed.

It is directed that on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, the remaining part of the 2 CRA-2804-2021 substantive jail sentence imposed upon appellant namely Upendra Bais shall remain suspended during the pendency of this case and he shall be released on bail. Appellant shall appear before the concerned trial Court on 08.11.2021 and on all such subsequent dates, as may be fixed in this regard during the pendency of this appeal.

List for final hearing in due course.

(SMT. ANJULI PALO) V. JUDGE

vkv /-

Signature Not Verified SAN

Digitally signed by VINAY KUMAR VERMA Date: 2021.06.04 17:56:00 IST