Bachha @ Rajesh Kol vs The State Of Madhya Pradesh
2021 Latest Caselaw 7527 MP

                                                        1                              CRA-2367-2021
                              The High Court Of Madhya Pradesh
                                       CRA No. 2367 of 2021

(BACHHA @ RAJESH KOL Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 17-11-2021 Shri A.P. Shah, learned counsel for the appellant. Shri Santosh Yadav, learned Panel Lawyer for the State. Heard on admission.

Appeal is admitted for hearing.

Appellant has filed an application i.e. I.A. No.16323/2021 under

Section 389(1) of Code of Criminal Procedure for suspension of jail sentence.

Appellant has been convicted under Section 307 of the Indian Panel Code and sentenced to undergo R.I. for 5 years with fine of Rs.10,000/-, with default stipulation by the impugned judgment dated 05.03.2021 passed by Session Judge, Singrouli, Baidhan (MP) in S.T. No.111/2018.

It is submitted by counsel for the appellant that appellant has already served half of the jail sentence. It is also submitted that sentence imposed upon the appellant is for a fixed term and hearing of appeal is likely to take

some more time, therefore, application for suspension of sentence be allowed.

Learned Panel Lawyer appearing for State submitted that report has been received from jail authority and as per said report, appellant has already served sentence of 3 years 4 months and 7 days as on 27.09.2021.

Heard the counsel for the parties.

Considering the period of incarceration of appellant and the fact that appellant has been sentenced for a fixed term, I.A. No.16323/2021 for suspension of sentence is allowed.

It is hereby directed that the custodial sentence awarded to appellant-Baccha @ Rajesh Kol shall remain suspended during the

Signature SAN Not pendency of this appeal and he shall be released on bail on his furnishing Verified

Digitally signed by SHABANA ANSARI Date: 2021.11.18 17:07:22 IST 2 CRA-2367-2021 a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety bond of the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 09.08.2022 and on other dates as may be fixed in this regard till final disposal of this appeal.

C.C. as per rules.

                                                                          (VISHAL DHAGAT)
                                                                               JUDGE

                      shabana




Signature
 SAN      Not
Verified

Digitally signed by
SHABANA ANSARI
Date: 2021.11.18
17:07:22 IST