Bhagirath vs The State Of Madhya Pradesh
2021 Latest Caselaw 1040 MP

                                     1                              CRA-2004-2021
        The High Court Of Madhya Pradesh
                   CRA-2004-2021
               (BHAGIRATH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

1
Jabalpur, Dated : 24-03-2021
       Shri Aseem Dixit, learned counsel for the appellants.
       Shri    Jitendra     Shrivastava,   learned   Panel   Lawyer     for   the
respondent/State.

Heard on I.A. No. 4807/2021 filed on behalf of Bhagirath, Ramesh and Nanhu Singh @ Nanhu Raja for suspension of substantive jail sentence.

The aforesaid appellants have been convicted by judgment dated 09.03.2021 passed by II, A.S.J. Khurai, District Sagar in S.T. No. 200596/2013. All three appellants have been convicted for offence under Sections 325/34 and 323/34 of IPC. The maximum punishment has been awarded for 1 year for the offence under Section 325/34 of IPC.

It is submitted by the appellant's counsel that the trial Court granted the temporary suspension of jail sentence till 09.04.2021. The appellants were on bail during the trial. They did not misuse the aforesaid liberty.

Therefore, looking to the aforesaid situation, I.A. No. 4807/2021 is

allowed. It is ordered that all three appellants namely, Bhagirath, Ramesh and Nanhu Singh @ Nanhu Raja will appear before the trial Court on or before 09.04.2021 and thereafter, they shall be released on bail upon their furnishing a bail bond worth Rs.20,000/- (Rupees Twenty Thousand Only) each and a personal bond of the same amount to the satisfaction of the trial Court.

After execution of the bail bond the remaining part of substantive jail sentence will be treated as suspended till final decision of this appeal.

The three appellants who granted the bail will appear before the

Registry of this Court on 13 th December, 2021 and thereafter other subsequent dates as may be fixed by the registry in this behalf.

       (2)         Call the record from the Court below.
                                     2                              CRA-2004-2021

Also heard on I.A. No. 4808/2021 has been filed on behalf of Raju @ Chakrawale, who has been convicted for the offence under Section 307/34 of IPC and awarded sentence for 5 years rigorous imprisonment with the fine amount.

The aforesaid application will be considered after receiving of the

original record.

List this case along with the record for consideration the aforesaid I.A. and for arguments upon admission just after receiving the record from the trial Court.

(B. K. SHRIVASTAVA) JUDGE

dixit

Digitally signed by MAHENDRA KUMAR DIXIT Date: 2021.03.25 11:00:39 +05'30'