Kailash vs The State Of Madhya Pradesh
2021 Latest Caselaw 957 MP

                                                         1                         CRA-1336-2021
                      The High Court Of Madhya Pradesh
                      CRA-1336-2021
                      (KAILASH Vs THE STATE OF MADHYA PRADESH)

                      1
                      Indore, Dated : 22-03-2021
                            Shri Manoj Saxena, learned counsel for the appellant.
                        Shri Nipun Choudhary,learned counsel for the respondent/State.

Let the record of the trial Court be requisitioned and the appeal be listed for admission along with the record.

Heard on IA No.3733/2021, first application under section 389(1) Cr.P.C for suspension of sentence on behalf of appellant.

Appellant has filed this appeal against the judgment dated 19.2.2021 passed by Sessions Judge, Shahjapur District Shahjapur in Criminal Appeal No.20/2019, whereby the learned trial Court has convicted the appellant under section 379 of the IPC and sentenced him to undergo RI for 6 months.

Learned counsel for the appellant submits that the trial Court has committed an error in appreciating the evidence and convicted the appellant. He further submits that the hearing of this appeal would likely to take a long time, hence prayed for suspension of sentence and release of appellant on bail.

O n the other hand, learned counsel for the respondent/State opposed the prayer.

Considering the facts and circumstances of the case and the fact that this appeal is likely to take time for final hearing, the application is allowed and it is directed that the jail sentence passed against the appellant shall remain suspended and he be released on bail upon him depositing the fine amount (if already not deposited) and furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 31.1.2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal. Before releasing the appellant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020. Consequently, the two applications,i.e., I.A.Nos. 3732/2021 and 3734/2021 stands disposed of.

C.c as per rules.

(VIVEK RUSIA) JUDGE

R.P.

Digitally signed by RASHMI PRASHANT Date: 23/03/2021 11:01:08