Jodhan Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 7299 MP

                                            1                               CRA-5137-2021
             The High Court Of Madhya Pradesh
                      CRA No. 5137 of 2021
                 (JODHAN SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

4
Jabalpur, Dated : 11-11-2021
      Shri Amit Jain, Advocate for the appellants.
      Smt. Shanti Tiwari, Panel Lawyer for the respondent/State.

Record has been received.

Heard on admission.

Admit.

Further heard on I.A.No.15868/2021, an application under Section 389 (1) filed on behalf of the appellants for suspension of jail sentence and grant of bail.

This criminal appeal has been preferred against the judgment dated 04.08.2021 passed by Third Additional Sessions Judge, Khurai District Sagar (M.P.) in S.T.No.25/2018 whereby the Court below has convicted the appellants as aforesaid:-

                                             2                             CRA-5137-2021
          Conviction                                  Sentence
Section         Act              Imprisonment       Fine     if Imprisonment in lieu
                                                    deposited of fine
                                                    details
323/34            IPC            RI for 1 year and              RI for 1 month
                                 fine of Rs.200/-
3 2 6 / 3 4 on two IPC           RI for 5 years and             RI for 3 months
counts           to              fine of Rs.1000/-
appellant no.2 3
and 4
3 2 4 / 3 4 to IPC               RI for 2 years and               RI for 3 months
appellant no.2 3                 fine of Rs.500/-
and 4
326                 IPC          RI for 5 years and               RI for 3 months
                                 fine of Rs.1000/-
to appellant no.1
324 only to       IPC            RI for 2 years and               RI for 3 months
                                 fine of Rs.500/-
appellant no.1

Learned counsel for the appellant submits that the appellants are in jail and there is no likelihood of final hearing of this criminal appeal in near future. It is further submitted by the counsel for the appellants that fine amount has already been deposited by each of the appellants. Hence prayer is made to suspend the jail sentence of the appellants and release them on bail.

Learned Panel Lawyer opposed the bail application. Having considered the arguments advanced by the learned counsel for the parties and looking to the other facts and circumstances of the case, this application (I.A. No.15868/2021) is allowed. It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellants shall remain suspended during the pendency of this appeal and they be released on bail on their furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount each to the satisfaction of the trial Court for their appearance before the Registry of this Court on 14.03.2022 and thereafter on all other such subsequent dates as may be fixed in this regard.

Accordingly, I.A.No.15868/2021 is allowed and disposed of. List the case for final hearing in due course.

Certified copy as per rules.

                                         3               CRA-5137-2021
                                            (ARUN KUMAR SHARMA)
                                                   JUDGE
                         sh




Signature Not Verified
  SAN

Digitally signed by S HUSHMAT HUSSAIN Date: 2021.11.12 12:54:39 IST