Ganesh Rathore vs The State Of Madhya Pradesh
2021 Latest Caselaw 365 MP

                                    1                                CRA-854-2021
        The High Court Of Madhya Pradesh
                   CRA-854-2021
           (GANESH RATHORE AND OTHERS Vs THE STATE OF MADHYA PRADESH)

3
Jabalpur, Dated : 01-03-2021
       Shri Ashok Lalwani, learned counsel for the appellants.
       Shri Sanjay Malviya, learned Panel Lawyer for the respondent/State.

Call the record from both the Courts below.

Learned counsel for the appellant prays to decide the I.A. No. 2085/2021 filed under Section 389 of Cr.P.C. for suspension of substantive

jail sentence. It is true that the record is not received. But the counsel filed the entire set of evidence and challan of the trial Court. It is also orally submitted by the counsel that the appellants have surrendered before the trial Court on 25.02.2021. The copy of the aforesaid order has been sent by him through mobile upon the mobile of Court staff.

Heard on the aforesaid I.A. filed under Section 389 (1) of Cr.P.C. filed on behalf of Ganesh Rathore and Gokul.

The appellants have been convicted by the judgment dated 07.01.2021 passed by Sessions Judge, Dindori in Sessions Trial No. 79/2016. The trial

Court convicted the appellant Gokul Rathore for the offence under Section 326 of IPC and Ganesh Rathore for the offence under Section 326/34 of IPC. The trial Court awarded two years rigorous imprisonment with the fine of Rs.5,000/- each with stipulation.

It is stated in the application that the trial Court granted the temporary suspension but orally submitted that the appellants were not surrender after the period of temporary bail. At present they have been surrendered on 25.02.2021 and have been sent to the jail by the concerned Magistrate.

It is transpire from the record that appellants were on bail during the trial. They did not misuse the liberty granted during the trial. This appeal will take sufficient time.

Therefore, looking to the period of sentence and after taking into 2 CRA-854-2021 consideration, entire circumstances, the application is allowed. The remaining substantive jail sentence of both applicants namely, Ganesh Rathore and Gokul will be suspended till the final decision of this appeal, subject to furnishing a bail bond worth Rs. 30,000/- (Rupees Thirty Thousand Only) each and a personal bond of the same amount to the satisfaction of the trial Court.

After releasing on bail, they will appear before the Registry of this Court on 16.12.2021 and thereafter other subsequent dates as may be fixed by the registry in this behalf.

List this case along with the record for arguments upon admission in the month of July, 2021.

At the time of releasing from custody, all the instructions issued by the government related to Covid-19 shall also be followed by the concerned authority.

(B. K. SHRIVASTAVA) JUDGE

dixit Digitally signed by MAHENDRA KUMAR DIXIT Date: 2021.03.01 16:11:31 +05'30'