Citation : 2021 Latest Caselaw 7586 MP
Judgement Date : 18 November, 2021
1 CRA-6764-2021
The High Court Of Madhya Pradesh
CRA No. 6764 of 2021
(MUKESH Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 18-11-2021 Shri Mukul Kumar Mandloi, learned counsel for the appellant. Shri Neeraj Gour, P.L. for State.
Heard on the question of admission.
Admit.
Also heard on I.A.No.28348 of 2021, which is an application for
suspension of jail sentence of the appellant filed under Section 389 of Cr.P.C. The appellant has been convicted by the Special Judge (P.A.) Act, district Dhar vide judgment dated 9.10.2021 for commission of offence punishable under Section 323 of IPC, has been sentenced to undergo 6 months RI with fine of Rs.1000/- with default stipulation.
Learned counsel for the appellant submits that appellant is permanent resident of district Dhar. During trial he was remained on bail and did not misuse the liberty granted to him. It is submitted that his jail sentence has been suspended by the trial Court till 15.11.2021. the final conclusion will take a
long sufficient time. He prayed that applicant be released on bail and his remaining jail sentenced be suspended till the final disposal of the appeal.
Learned P.L.for the State was also heard who opposed the application for suspension of jail sentence.
After considering the facts and circumstances of the case and the nature of gravity of the allegation as well as also taking note of the fact that during trial applicant remained on bail and there is no complaint that he misused the liberty granted to him, the application for suspension of jail sentence is allowed and it is directed that upon appellant's furnishing a personal bond to the tune of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of the trial court, the substantive jail sentence of the Signature Not VerifiedDigitally signed by SAN SHAILESH appellant shall remain suspended till the final disposal of this appeal and he MAHADEV SUKHDEVE Date: 2021.11.18 18:12:49 IST 2 CRA-6764-2021 shall be released on bail, for his appearance before the Registry of this Court on 22.12.2021 and all other subsequent dates as may be fixed in this behalf by the Office.
Record of the court below be requisitioned. List for final hearing in due course of time.
(ANIL VERMA) JUDGE
SS/-
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN SHAILESH
MAHADEV
SUKHDEVE
Date: 2021.11.18
18:12:49 IST
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