Nandu @ Ramakant Malviya vs The State Of Madhya Pradesh
2021 Latest Caselaw 7832 MP

                                   1                              CRA-6942-2021
          The High Court Of Madhya Pradesh
                   CRA No. 6942 of 2021
           (NANDU @ RAMAKANT MALVIYA Vs THE STATE OF MADHYA PRADESH)

1
Jabalpur, Dated : 25-11-2021
      Mr. B.K. Upadhyay, learned counsel for the appellant.
      Ms. Priyanka Jain, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence admitted for hearing. Heard on I.A.No.20626/2021 which is first application for suspension

o f sentence and grant of bail to the appellant who stands convicted vide judgment dated 28.10.2021 passed by learned 2nd Additional Sessions Judge, Itarsi, district- Hoshangabad in ST No.24/2019 for offence punishable under Section 201 of the Indian Penal Code and sentenced to undergo R.I. for three years and fine of Rs.1,000/- and default stipulation.

Learned counsel for the appellant submits that the appellant has been sentenced to undergo only for three years. It is contended that the trial Court has not considered the evidence on record properly. It is contended by learned counsel for the appellant that the appellant was on bail during trial and

the trial Court has suspended his sentence till 28.11.2021. Hence, the substantive jail sentence of the appellant be suspended and he be granted bail.

Learned Panel Lawyer for the State has vehemently opposed the bail application.

Considering the facts and circumstances of the case and taking into account the period of sentence imposed on the appellant, without commenting upon the merits of the case, I.A. No.20626/2021 is allowed. It is directed that on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with a Surety in the like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellant- Nandu @ Ramakant Malviya shall remain suspended during the pendency of this case and he be released on 2 CRA-6942-2021 bail. The appellant shall appear before the concerned trial Court on 28.03.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.20626/2021 stands disposed of. List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2021.11.26 13:45:05 IST