Sonu vs The State Of Madhya Pradesh
2021 Latest Caselaw 7633 MP

                                                                      1                               CRA-6777-2021
                                           The High Court Of Madhya Pradesh
                                                    CRA No. 6777 of 2021
                                                          (SONU Vs THE STATE OF MADHYA PRADESH)

                                   2
                                   Indore, Dated : 22-11-2021
                                          Shri Mahendra S. Solanki, learned counsel for the appellant.
                                          Shri A.S. Sisodia, learned Public Prosecutor for the respondent/ State.

Let the record of the trial Court be called for. Heard on I.A.No.28382/2021, an application for suspension of sentence and grant of bail to appellant.

The trial Court has convicted the appellant under Section 307/34 of IPC and sentenced to undergo RI for three years with fine of Rs.500/- with default stipulation.

Learned counsel for appellant submits that the sentence of the appellant has already been suspended by the trial Court till 29.11.2021 to approach this Court and appellant has filed this appeal on 12.11.2021 which could not come up for hearing early. Referring to para no(s). 8,9,10 and 11 of the judgment, learned counsel submits that injuries found on the body of the complainant/injured were of simple in nature and, therefore, learned trial Court

has erred in holding guilt of the appellant for offence punishable u/S 307 r/W Sec 34 of the IPC and sentencing to undergo R.I. of three years. Moreso, there is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellants prays for suspension of remaining jail sentence and grant of the bail to the appellants.

Learned counsel appearing for the respondent/State opposes the prayer f o r suspension of remaining jail sentence and grant of the bail to the appellants.

Looking to the short term of sentence and considering other facts and circumstances of the case, this Court is of the considered view that it is a fit case for suspension of the sentence and grant of bail to the appellants. Hence, Signature Not Verified SAN without expressing any opinion on merits of the matter I.A.No.28382/2021 is

Digitally signed by SEHAR HASEEN Date: 2021.11.23 13:22:57 IST 2 CRA-6777-2021 allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with a solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 03.01.2022, and on such other

dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No.28382/2021 is allowed.

C.C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

sh

Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2021.11.23 13:22:57 IST