Ramu vs The State Of Madhya Pradesh
2021 Latest Caselaw 7774 MP

                                                                           1                              CRA-1157-2020
                                           The High Court Of Madhya Pradesh
                                                    CRA No. 1157 of 2020
                                                         (RAMU Vs THE STATE OF MADHYA PRADESH)

                         11
                         Jabalpur, Dated : 24-11-2021
                                     Shri Mithilesh Pd. Tripathi, learned counsel for the appellant..
                                     Shri Anshul Mishra, learned panel lawyer for the respondent/State.

Heard on I.A.No.12618/2021, this is second application for suspension of jail sentence and grant of bail moved by the appellant is taken up and considered.

This Criminal appeal assails the judgment dated 23.01.2020 passed in S.T.

No.18/2019 by First Additional Sessions Judge, Burhanpur, whereby the appellant has been convicted and sentenced under Section 498-A and Section 306 of the Indian Penal Code for 3 years R.I. respectively with fine of Rs.1,000/- respectively, with default stipulations.

Earlier application for suspension of sentence was rejected on merits vide order dated 21.01.2021.

This second application has been filed on the ground of custody period of the applicant. The report was called from the jail authorities and the receipt dated 10.08.2021 shows that he has completed 2 years and 4 months out of the total period

of 4 years.

Counsel appearing for the State has opposed the application and prays for dismissal of the application.

Considering the overall facts and circumstances of the case, without commenting upon the merits, the application is allowed subject to the verification of the fact that the fine amount has been deposited and there is no likelihood of early disposal of the appeal in near future, this Court is inclined to grant bail to appellant by way of suspension of sentence.

Accordingly, without expressing any opinion on the merits, I.A.No.12618/2021 is allowed and it is directed that the jail sentence of the appellant will remain under suspension subject to the verification that the amount of fine have been deposited, on Signature Not Verified SAN the appellant furnishing bail bond of Rs. 50,000/- (Rs. Fifty Thousand Only) with

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.11.25 17:07:53 IST 2 CRA-1157-2020 one solvent surety in the like amount to the satisfaction of trial Court concerned for his appearance before the Registry of this Court on 30.03.2022 and thereafter on such other dates as may directed by the Registry of this Court in this regard.

List the matter for final hearing in due course of time at its own turn. Certified copy as per rules.

(VISHAL MISHRA) JUDGE

AM

Signature Not Verified SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.11.25 17:07:53 IST