Raojee vs The State Of Madhya Pradesh
2021 Latest Caselaw 7459 MP

                                   1                                CRA-6732-2021
          The High Court Of Madhya Pradesh
                   CRA No. 6732 of 2021
               (RAOJEE AND OTHERS Vs THE STATE OF MADHYA PRADESH)

1
Jabalpur, Dated : 16-11-2021
      Mr. Sanjay Kumar Malvi, learned counsel for the appellants.
      Mr. Anoop Sonkar, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence admitted for hearing. Heard on I.A.No.20013/2021, which is first application for suspension

o f sentence and grant of bail to the appellants who stands convicted vide judgment dated 25.10.2021 passed by 5th Additional Sessions Judge, Chhindwara in ST No.137/2016 for offence punishable under Section 329/34 of the Indian Penal Code and sentenced to undergo R.I. for three years and fine of Rs.5,000/- and default stipulation.

Learned counsel for the appellants submits that the appellants have been sentenced to undergo rigorous imprisonment for three years. It is contended that the trial Court has not considered the evidence on record properly. The fine amount of Rs.5,000/- has already been deposited by the

appellants. It is also contended that the appellants have been enlarged on bail till 25.11.2021. Hence, it is prayed that the substantive jail sentence of the appellants be suspended and they be granted bail.

Learned Panel Lawyer for the State has vehemently opposed the bail application.

Considering the facts and circumstances of the case and taking into account the period of sentence imposed on the appellants, without commenting upon the merits of the case, I.A. No.20013/2021 is allowed. It is directed that on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with a Surety in the like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellants, namely, Appellant No.1 - Raojee;

                                                                      2                           CRA-6732-2021
                                   Appellant No.2- Rajkumar and Appellant No.3- Rakesh             shall remain

suspended during the pendency of this case and he be released on bail. The appellants shall appear before the concerned trial Court on 09.03.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.20013/2021 stands disposed of.

List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2021.11.17 18:25:38 IST