Rahul @ Digvijay Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 7721 MP

                                  1                              CRA-6875-2021
        The High Court Of Madhya Pradesh
                 CRA No. 6875 of 2021
       (RAHUL @ DIGVIJAY SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

1
Jabalpur, Dated : 23-11-2021

      Shri Sachin Shukla, learned counsel for the appellants.
      Shri Gopal Jaiswal, Panel Lawyer for the respondent/State.

Heard on the question of admission.

Let record of the court below be called for. Also heard on I.A.No.20438/2021, which is first application filed

under section 389 (1) of Cr.P.C. for suspension of custodial jail sentence and grant of bail filed on behalf of the appellants.

The appellants/accused person have filed this appeal against the judgment dated 11/11/2021 passed by Fifth Additional Sessions Judge, Sidhi (M.P.) in S.T. No. 62/2013, whereby the appellants have been convicted for commission of offence punishable under Sections 307/149 and 148 of the IPC and have been sentenced to undergo RI for a period of three years and one month and to pay fine of Rs.500/- for each

offence respectively with usual default stipulation.

Learned counsel for the appellants submits that the custodial sentence of the appellants has already been suspended by the trial Court since 11/12/2021. There are fair chances of success in this appeal and if the custodial sentence of the appellants is not suspended then the appeal filed by them may turn infructuous. The disposal of the appeal will take time. Hence, learned counsel for the appellants prays for suspension of custodial sentence of the appellants.

Learned Panel Lawyer opposed the application and prayed for its rejection.

Looking to the aforesaid facts and circumstances of the case, IA No. 20438/2021 is allowed and it is ordered that subject to payment of 2 CRA-6875-2021 fine amount, if not already deposited, the execution of jail sentence of the appellants shall remain suspended till further orders and they be released on bail on their furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only)each with one separate solvent surety in the like amount to the satisfaction of the trial Court for their further

appearance before the trial Court on 14.03.2022 and thereafter, on all the dates as may be fixed by the trial Court in this behalf.

List immediately after received of the record on the question of admission.

C.C. as per rules

(ARUN KUMAR SHARMA) JUDGE

skt

Signature Not Verified SAN

Digitally signed by SANTOSH KUMAR TIWARI Date: 2021.11.23 18:07:37 IST