Vashudev Choudhary vs The State Of Madhya Pradesh
2021 Latest Caselaw 471 MP

                                   1                                CRA-361-2021
        The High Court Of Madhya Pradesh
                   CRA-361-2021

(VASHUDEV CHOUDHARY AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 04-03-2021 Mr.Brajesh Rajak, learned counsel for the appellants. Mr.Saurabh Shukla, learned P.L. for the State. Mr.Balkishan Choudhary, learned counsel for the complainant. Heard.

Considered I.A.No.811/2021, an application under section 389(1)

Cr.P.C. for suspension of sentence and grant of bail on behalf of the appellants/applicants who have been convicted under section 326 of I.P.C. by the trial Court vide impugned judgment dated 12.1.2021 and sentenced to undergo 6 years each with fine of Rs.10,000/- each with default stipulations.

Learned counsel for the appellants submitted that impugned judgment has been passed without properly appreciating the oral and documentary evidence on record. The final disposal of the instant appeal would take considerable time. The complainant has filed an affidavit in support of the appellants stating that he has no objection if prayer for bail is allowed.

Learned Panel Lawyer has opposed the prayer for suspension of sentence.

Learned counsel for the complainant stated that complainant has given an affidavit in support of appellants stating that he has no objection if the bail is granted to the appellants.

Considering the facts and circumstances of the case and looking to the nature of injury and without commenting on merits of the case, the application is allowed. It is directed that if appellants-Vashudev Choudhary and Vishnu Choudhary deposit the fine amount, if not already deposited, and furnish bail bond of Rs.40,000/- [Rupees Forty Thousand only] each with one solvent surety each in the like amount to the satisfaction of the trial Court, the custodial sentence of the applicants shall remain suspended and they be 2 CRA-361-2021 released on bail.

T h e applicants shall appear before the Registry of this Court on 04.08.2021 and on all subsequent dates as may be directed in this regard.

List the case for final hearing in due course. C.c. as per rules.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH T MAMTANI Date: 2021.03.04 17:34:03 IST