Citation : 2021 Latest Caselaw 2291 MP
Judgement Date : 11 June, 2021
1 CRA-3274-2021
The High Court Of Madhya Pradesh
CRA-3274-2021
(AJAB SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 11-06-2021
Through Video Conferencing.
Shri Z.M.Shah, counsel for the appellants.
Shri Sudesh Verma, Government Advocate, for the respondent/State.
Call the record from the Courts below.
Heard on I.A.No.9683/2021 filed under section 389(1) of CrPC on
27.5.2021 for suspension of substantive jail sentence on behalf of appellants Ajab Singh, Badal Singh, Hirendra and Narayan.
All appellants have been convicted by the judgment dated 9.3.2021 passed by the Second Additional Sessions Judge, Khurai, District Sagar in Sessions Trial No.200264/2014. The trial court convicted the appellants for the offence under section 323/34 (on 5 counts) and awarded one month rigorous imprisonment with the fine of Rs.100/- each for each count.
It appears from Para 2 of the impugned judgment that cross Sessions Trial No.200596/2013 was also registered and decided on the same date on
9.3.2021.
The counsel submitted that the cross-appeal is also pending with the High Court against the conviction of the aforesaid case.
It is mentioned in the application that the trial court granted the temporary suspension upon the substantive jail sentence till 15.6.2021. The appellants were on bail during the trial.
Therefore, after consideration the application is allowed. It is ordered that the trial court will verify the fact whether the suspension is granted till 15.6.2021 or not? If the suspension has been granted, then the appellants will be released on bail upon their furnishing bail bonds worth Rs.5,000/- (Rupees Five thousand only) each and a personal
Signature Not bond of the same amount each to the satisfaction of the trial court. After SAN Verified
Digitally signed by TRUPTI GUNJAL Date: 2021.06.11 16:31:25 IST 2 CRA-3274-2021 furnishing the bail bond, the remaining part of jail sentence of appellants will be treated as suspended till final decision of this appeal.
The appellants are directed to remain present before the trial court positively on or before 15.6.2021; otherwise this order will not be followed.
After releasing on bail, the appellants will appear before the Registry of this Court on 13.12.2021 and thereafter on other subsequent dates as may be
fixed by the office in this behalf.
List this case along with the record and cross-appeal i.e. Criminal Appeal No.2004/2021.
Certified copy as per rules.
(B. K. SHRIVASTAVA) JUDGE
TG /-
Signature SAN Not Verified Digitally signed by TRUPTI GUNJAL Date: 2021.06.11 16:31:25 IST
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