Mahendra Batham @ Canteen vs The State Of Madhya Pradesh
2021 Latest Caselaw 362 MP

                                     1                           CRA-1227-2021
        The High Court Of Madhya Pradesh
                   CRA-1227-2021
            (MAHENDRA BATHAM @ CANTEEN Vs THE STATE OF MADHYA PRADESH)

1
Gwalior, Dated : 01-03-2021
       Shri S.S. Sikarwar, learned counsel for the appellant.
       Shri Atul Sharma, learned PL for the respondent/State.

Appeal appears to be arguable.

Admitted for final hearing.

Let record of the trial Court be called for.

This Criminal appeal assails the judgment dated 11th February, 2021 passed in Special Sessions No.106/2015 by Special Judge (Atrocities), Gwalior (M.P.), whereby the appellant has been convicted u/S. 363 of IPC and sentenced to undergo three years R.I. with fine of Rs.1000/- with default stipulation.

Heard on I.A. No.5960/2021, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence filed on behalf of the appellants.

Learned counsel for the appellants submits that they been falsely implicated in the matter. Fine amount has already been deposited. It is further

submitted that trial Court has already suspended the sentence of the appellant. On all these grounds he prays for suspension of sentence and grant of bail.

Learned Panel Lawyer for the respondent/State opposed the prayer and prayed for rejection of this application.

Keeping in view the aforesaid submission of the counsel for the parties and the facts and circumstances of the case and also the fact that trial Court has already suspended the sentence of the appellant, this Court is inclined to grant bail to the aforesaid appellant, by way of suspending his remaining jail sentence.

Accordingly, without expressing any opinion on the merits, I.A. No.5960/2021 filed on behalf of the appellant is hereby allowed and it is 2 CRA-1227-2021 directed that the jail sentence of the appellant will remain under suspension on verification of the fact that whether the fine amount has been deposited or not, on the appellant's furnishing bail bond of Rs.50,000/- (Rs. Fifty Thousand Only) with two solvent surety of like amount to the satisfaction of the concerned trial Court, for appearance of the appellant before the Principal Registrar of this Registry on 31.08.2021 and thereafter, subsequent dates as

may be fixed by the Registry from time to time till disposal of the appeal.

Certified copy today as per rules.

(VISHAL MISHRA) JUDGE

(LJ*) LOKENDRA JAIN 2021.03.01 17:47:04 -08'00'