Kishan vs The State Of Madhya Pradesh
2021 Latest Caselaw 7940 MP

                                  1                                 CRR-2705-2021
        The High Court Of Madhya Pradesh
                 CRR No. 2705 of 2021
               (KISHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

2
Jabalpur, Dated : 29-11-2021

      Shri Narendra Tiwari, learned counsel for the applicants.
      Shri Amit Bhurrak, learned Panel Lawyer for the respondent/State.

Record of the Courts below has been received. Heard on the question of admission.

This revision involves arguable point, therefore, it is admitted for

hearing.

Also heard on I.A. No.18881/2021, an application for suspension of sentence and grant of bail to the applicants.

Vide the impugned judgment dated 09.10.2021 passed by the Additional Sessions Jude, Banda, District Sagar, each of the applicants has been convicted for the offence punishable under Section 325 r/w 34 of the Indian Penal Code and sentenced thereunder 'each' to suffer RI for 1 year with fine of Rs.500/- failing which further RI for 15 days.

Learned counsel for the applicant submits that the applicants are in jail since 09.10.2021. He further submits that the jail sentence awarded to the applicants is of short term and the final hearing of this revision would take a long time. He submits that if jail sentence awarded to applicants is not suspended and they are not released on bail, the very purpose of filing this revision would be frustrated. Therefore, remaining jail sentence of the applicants may be suspended and they may be released on bail.

Learned Panel Lawyer appearing for the respondent/State on the other hand has opposed the application.

Considering the fact that the applicants have been awarded the sentence for 1 year and they are in jail since 09.10.2021, the revision 2 CRR-2705-2021 would take time to be heard finally, without commenting anything on the merits of the case, I am inclined to allow the application for suspension of sentence and grant of bail to the applicants. Accordingly, I.A. No.18881/2021 is allowed.

It is directed that on applicants' depositing the entire fine amount, if

not deposited, their remaining jail sentence shall remain suspended and they shall be released on bail upon their furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) 'each' with a surety bond 'each' of like amount to the satisfaction of trial Court concerned for their appearance before the Registry of this Court on 10.03.2022 and on such other dates as may be fixed by the Registry in this regard.

List for final hearing in due course.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

ac/-

Digitally signed by ANIL CHOUDHARY Date: 2021.11.30 10:56:19 +05'30'