Citation : 2021 Latest Caselaw 678 MP
Judgement Date : 12 March, 2021
1 CRA-6337-2020
The High Court Of Madhya Pradesh
CRA-6337-2020
(VIKRAM SINGH Vs THE STATE OF MADHYA PRADESH)
5
Jabalpur, Dated : 12-03-2021
Shri J.K.Dixit, counsel for appellant.
Heard on I.A. No.4346/2021, which is an application for condonation
of delay in filing the appeal.
As per office report, this appeal is barred by 159 days.
For the reasons mentioned in the application, which is supported by
the affidavit, the delay in filing the appeal is hereby condoned.
I.A. No.4346/2021 stands allowed and disposed of.
Heard on admission.
Record of the Court below is available.
The appeal is admitted for final hearing.
Shri Atul Dwivedi, learned Panel Lawyer appears and accepts notice on
behalf of the respondent/State, hence, no notice is required to be issued.
Heard on I.A.No.13961/2020 filed by the appellant/accused under section 389 (1) of Cr.P.C. for suspension of his jail sentence and grant of
bail.
The appellant has been convicted under Sections 341, 323/34, 327 of IPC and sentenced to undergo rigorous imprisonment for six months with fine of Rs.300/-, rigorous imprisonment for six months with fine of Rs.300/- and rigorous imprisonment for three years with fine of Rs.1000/- respectively, with default stipulations.
Learned counsel f o r the appellant has submitted that the judgment against the appellant was pronounced on 9.8.2019, but appellant remained absent on the date of pronouncement of judgment, so after forfeiting the bail bonds order of arrest was issued against him. It is alleged that on 22.10.2020 appellant was produced before the Court in compliance of production Signature Not Verified SAN warrant. On that basis in this crime he was sent to jail and since then he is in
Digitally signed by SANTOSH P MATHEWS Date: 2021.03.12 17:32:33 IST 2 CRA-6337-2020 judicial custody. It is further submitted that the fine amount has already been deposited and there is no likelihood of coming up of this appeal fo r final hearing in near future, hence, the jail sentence o f the appellant be suspended and he be released on bail.
Learned Panel Lawyer for the respondent/State has opposed the application and prayed for its rejection.
In the circumstances, it is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of appellant shall remain suspended till further orders and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the trial Court for his further appearance before the C.J.M. Chhatarpur on 11.5.2021 and thereafter on all the subsequent dates as may be fixed in this regard.
I.A. No.13961/2020 stands allowed and disposed of. List the matter for final hearing in due course. Certified copy as per rules.
(MOHD. FAHIM ANWAR) JUDGE
M.
Signature Not Verified SAN
Digitally signed by SANTOSH P MATHEWS Date: 2021.03.12 17:32:33 IST
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