Ramnarayan vs The State Of Madhya Pradesh
2021 Latest Caselaw 709 MP

                                    1                               CRA-1590-2021
          The High Court Of Madhya Pradesh
                     CRA-1590-2021
               (RAMNARAYAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

1
Gwalior, Dated : 15-03-2021
         Shri V.K. Sahu, learned counsel for the appellants.
         Shri Avneesh Singh, learned Public Prosecutor for the respondent-

State.

I.A. No. 7403/2021, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

The appeal being arguable is admitted for final hearing. Record of the Court below be called.

Also, heard on I.A. No. 7404/2021, an application under Section 389 (1) of CrPC for suspension of jail sentence and grant of bail to the appellants.

This appeal has been filed against the judgment of conviction and sentence dated 17/2/2021 passed by Fourth Additional Sessions Judge, Circle Court, Raghogarh, District Guna in Sessions Trial No.100/2019 by which the appellants have been convicted under Section 452 of IPC and have been sentenced to undergo rigorous imprisonment of three years with fine of

Rs.1,000/- with default stipulation.

It is submitted by learned counsel for the appellants Ramnarayan, Shivnarayan, Karan Singh and Bhagwan Singh that the trial Court has wrongly convicted the appellants without properly appreciating the materials and evidence available on record. It is further submitted that the appellants are in jail since the date of judgment and there is no possibility of final hearing of this appeal in near future. Hence, prayed to suspend the jail sentence of the appellants and grant of bail to them.

Learned counsel for the State opposed the suspension application and prayed to reject the same.

Considering the short period of jail sentence, without commenting on merits of the case, I.A. No. 7404/2021 is hereby allowed. Subject to 2 CRA-1590-2021 depositing of fine amount, if not already deposited, and on each of the appellant furnishing personal bond of Rs. 75,000/- (Rupees Seventy Five Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned Court, the remaining jail sentence of the appellants shall remain suspended and they be released on bail. The appellants are further directed to mark their appearance before the Office of this Court on

10/5/2021 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course.

Certified copy/E-copy as per rules.

 ALOK KUMAR
                                           (RAJEEV KUMAR SHRIVASTAVA)
 2021.03.15                                           JUDGE
 17:36:56
 +05'30'
 11.0.8

AKS