Jitendra Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 621 MP

      :1:                              Cr.A. No.1502/2021

THE HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
                            Cr.A. No.1502-2021
            ( Jitendra Singh and Kundan Singh vs. State of M.P.)
Indore, Dated: 10.03.2021
            Shri Gaurav Verma, learned counsel for the appellants.
            Shri Akash Sharma learned panel lawyer for the
respondent/State.

Heard on the question of admission.

Appeal is admitted for hearing.

Record of the trial court be requisitioned.

Heard on I.A. No.4398/2021, which is an application filed

under Section 389(1) of the Cr.P.C. for suspension of jail sentence of

the appellants.

The appellants have been convicted and sentenced by the

Sessions Judge, Dewas vide judgment dated 18/2/2021 passed in S.T.

No.349/2019 as under:

Name of the             conviction       Sentence Fine      In lie
appellant                                         amount
Jitendra Singh          u/S 323, 452, 6-6        500/-      15-15 days
                        326/34 of IPC months                R.I
Kundan Singh                          R.I.      1000/-      3 months RI
                                      1-1 years
                                      R.I
                                      3-3 years 2000/-      1-1 years R-I
                                      R.I

Learned counsel for the appellants has submitted that the

appellants were on bail and they have not misused the liberty so

granted to them. It is further submitted that the jail sentence of the

appellants has been suspended by the trial court up to 26.3.2021.

There are fair chances of success of this appeal and there is no

likelihood of hearing of the appeal in near future and if the custodial :2: Cr.A. No.1502/2021

sentence of the appellants is not suspended then the appeal filed by

them may turn infructuous. Under these circumstances, learned

counsel for the appellants prays for suspension of remaining custodial

sentence and grant of bail to the appellants.

On the other hand, learned counsel for the State/respondent

opposed the prayer and prayed for rejection of the application.

Considering the submissions made on behalf of the parties and

facts and circumstances of the case, it would be appropriate to suspend

the jail sentence of the appellants.

Accordingly, I.A. Nos.4398/2021 is allowed and it is directed

that on furnishing personal bond by appellants Jitendra Singh and

Kundan Singh in the sum of Rs.25,000/- (Rupees Twenty Five

Thousand only) each with one solvent surety each in the like amount

to the satisfaction of the learned trial Court, for their regular

appearance before the concerned trial Court, the execution of custodial

part of the remaining sentence imposed against the appellants shall

remain suspended, till the final disposal of this appeal.

The appellants, after being enlarged on bail, shall mark their

presence before the concerned trial Court on 03/5/2021 and on all

such subsequent dates, which are fixed in this regard by the

concerned trial Court.

                                               (Subodh Abhyankar)
                                                       Judge
         Digitally signed
         by REENA
das      PARTHO
         SARKAR
         Date: 2021.03.10
         18:24:13 +05'30'