Banshilal vs The State Of Madhya Pradesh
2021 Latest Caselaw 1837 MP

1                             Cr.A.No.2650/2021
                    (Banshilal and others Vs. State of M.P.)

Indore : Dated 6.5.2021

      Shri R.R.Bhatnagar, learned counsel for the appellants.

      Shri   Pourush      Ranka,     learned     Panel     Lawyer   for   the

respondent/State.

Heard through video conferencing.

Let record of the trial Court be requisitioned.

Heard on I.A.No.8690/2021, an application for suspension of

sentence.

The appellants have been convicted under Section 325/34 IPC and

sentenced to undergo two years SI with fine of Rs.200/- each and under

section 323/34 IPC (three counts) and sentenced to undergo six months

SI with fine of Rs.100/-, with default stipulation, vide judgment dated

1.4.2021 passed by Addl.Sessions Judge, Bhanpura, District Mandsaur in

S.T.No.166/2014.

It is submitted that learned trial Court has wrongly convicted the

appellants. The learned trial Court has not properly appreciated the

evidence. The appellants were on bail during trial and they have not

misused the liberty. The trial Court has suspended the jail sentence of the

appellants till 1.6.2021. The disposal of appeal will take time, hence

prayed for suspension of execution of jail sentence.

The prayer is opposed by the learned Panel Lawyer

Taking into consideration that the appellants were on bail during

trial and not misused the liberty, the trial Court has suspended the jail

(Banshilal and others Vs. State of M.P.)

sentence of the appellants till 1.6.2021, the disposal of appeal will take

time, subject to depositing the fine amount, the application is allowed. It

is directed that the jail sentence of the appellants shall remain suspended

and he be released on bail on each of them furnishing a personal bond in

the sum of Rs.50,000/- (Rs.Fifty Thousand only) with one solvent

surety in the like amount to the satisfaction of the trial Court. The

appellants are directed to appear before the Registry of this Court on

28.6.2021 and on other subsequent dates as may be fixed in this behalf

with following further conditions:-

(i) the concerned jail authorities are directed that before releasing the appellants, the medical examination of the appellants be conducted through the jail doctor and if it is prima facie found that they are having any symptoms of COVID-19, then the consequential follow up action including the isolation/quarantine or any further test required be undertaken immediately. If not, the appellants shall be released on bail in terms of the conditions imposed in this order and shall also be given pass or permit for movement to reach his place of residence;

(ii) violation of conditions, State is free to apply for cancellation of bail.

Accordingly, the IA stands disposed of.

C.c.as per rules.

(Rohit Arya) Judge

Patil

Digitally signed by SHAILESH PATIL Date: 2021.05.06 18:22:51 +05'30'