Sachin @ Indrapal vs The State Of Madhya Pradesh
2021 Latest Caselaw 7698 MP

                                                                       1                                CRA-6430-2021
                                           The High Court Of Madhya Pradesh
                                                    CRA No. 6430 of 2021
                                              (SACHIN @ INDRAPAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                   3
                                   Jabalpur, Dated : 23-11-2021

                                        Smt.Swati Aseem George, learned counsel for the appellants.

                                        Shri Pushpendra Verma, learned P.L. for the respondent-State.

Record of the court below is received.

Heard on admission.

Admit.

Heard on I.A .No.19214/2021 an application filed by appellants Sachin @ Indrapal and Sanju @ Arpit under section 389(1) of Cr.P.C. for suspension of their jail sentence passed by III Addl. Sessions Judge, Katni, District Katni in S.T. No.126/2019, convicting both the appellants under Section 326, 34 of the IPC sentenced them to undergo R.I. for 4 years each with fine of Rs.1000/- each with default stipulation.

Learned counsel for the appellant submits that the appellant No.1 Sachin had remained in custody for 511 days during trial and now since 30.9.2021 he is in jail. Likewise, appellant no.2 Sanju @ Arpit had remained in custody for 834 days till the conclusion of trial and is still in jail thereafter. Offence under section 326 I.P.C. is not made out and at the most offence under section 324/325 I.P.C. is made out. Impugned judgment has been passed on conjectures and surmises. Finding of the learned lower Court is contrary to law and there are fair chances to succeed in the case. The disposal of this appeal will take time. On these grounds, learned counsel has prayed for suspension of execution of jail sentence and grant of bail.

Learned Panel Lawyer for the respondent-State has opposed the application and prayed for its rejection.

Considering the aforesaid facts and circumstances of the case and on perusal of the record, this application is allowed. It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of appellants No.1 and 2 Sachin @ Indrapal and Sanju @ Arpit shall remain suspended during the pendency of this appeal and appellants be released on bail on their furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one surety each in the like amount to the satisfaction of the trial Court for their appearance before the trial Court on 28.2.2022 and thereafter on all other such subsequent dates as may be fixed by the trial Court in this regard.

Signature Not Verified Appeal be listed for final hearing in due course as per listing policy.

  SAN




Digitally signed by HEMANT SARAF
Date: 2021.11.25 11:44:55 IST
                                                              2         CRA-6430-2021
                                        C.C. as per rules.


                                                                 (VIVEK AGARWAL)
                                                                      JUDGE

                                   HS




Signature Not Verified
  SAN




Digitally signed by HEMANT SARAF
Date: 2021.11.25 11:44:55 IST