Citation : 2021 Latest Caselaw 6305 MP
Judgement Date : 1 October, 2021
1 CRR-2239-2021
The High Court Of Madhya Pradesh
CRR-2239-2021
(KUNJLAL SAKET AND OTHERS Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 01-10-2021
Heard through Video Conferencing.
Shri P. K. Verma, Advocate for the applicants / accused.
Shri M. Jha, PL for the respondent-State.
Heard on the question of admission.
Record of both the courts below be called for within four weeks. Also, heard on I.A.No.16692/2021 filed by the applicants / accused under section 397 (2) of Cr.P.C. for suspension of their jail sentence awarded by the Court of Special Judge, SC/ST (Prevention of Atrocities) Act, Sidhi in criminal appeal no.26/21 vide its judgment dated 8.9.2021 convicting the applicants under Section 429 of the Indian Penal Code and sentenced to undergo S.I. for one year each with fine of Rs.1,000/- each and also under Section 4 and 9 of the Gauwansh Pratishedh Adhiniyam, 2004 and sentenced to undergo S.I.
for three years each with fine of Rs.5,000/- each with stipulations as mentioned in the impugned judgment.
Learned counsel for the applicants / accused submits that during trial, the applicants / accused were on bail and they did not misuse the liberty so far. Further, the applicants are in jail since 08.09.2021. On these grounds, learned counsel has prayed for suspension of execution of jail sentence and grant of bail.
Learned PP has opposed the application and prayed for its rejection. Looking to the aforesaid facts and circumstances of the case and further considering the period of sentence, IA is allowed. It is directed that subject to payment of fine amount, if not already deposited, the 2 CRR-2239-2021 execution of jail sentence of the applicants / accused shall remain suspended during the pendency of this revision and they be released on bail on their furnishing a personal bond for a sum of Rs. 40,000/- each with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before the trial
Court on 20.12.2021 and thereafter on all other such subsequent dates as may be fixed by the Court in this regard during the pendency of the revision.
After receipt of the record, list for admission. Certified copy as per rules.
(ARUN KUMAR SHARMA) JUDGE
JP
Signature Not Verified SAN
Digitally signed by JITENDRA KUMAR PAROUHA Date: 2021.10.01 17:55:07 IST
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