Javed vs The State Of Madhya Pradesh
2021 Latest Caselaw 6449 MP

                                                                 1                           CRA-5857-2021
                                       The High Court Of Madhya Pradesh
                                                  CRA-5857-2021
                                                    (JAVED Vs THE STATE OF MADHYA PRADESH)

                                1
                                Indore, Dated : 05-10-2021

                                      Shri R.R. Bhatnagar, learned counsel for the appellant.
                                      Shri Shaswat Seth, learned Panel Lawyer for the respondent/State.

The appeal is admitted for final hearing. Heard on I.A.No.26919/2021, which is an application filed under Section 389 (1) of Cr.P.C for suspension of jail sentence of appellant

Javad, who has been convicted by the First Additional Sessions Judge, Jaora District Ratllam for the offence punishable under section 482 of IPC vide judgment dated 13.09.2021 passed in S.T. No.12/2016 and has been sentenced to undergo one year R.I. with a fine of Rs.5000/- and in default of fine amount further two month R.I .

Learned counsel for the applicant submits that the appellant was on bail during trial and he has not misused the liberty granted to him. It is further submitted that the jail sentence of the appellant has been

suspended till 22.10.2021 and the final hearing of the appeal will take a long time, hence, the application for suspension of sentence be allowed and the applicant be released on bail.

Counsel for the respondent/State of Madhya Pradesh opposed the application and prays for rejection of the same.

Having heard the earned counsel for the parties and perused the records. In view of the above, this Court is of the considered opinion that the application for suspension of custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the case, I.A.No.26919/2021 is allowed and it is directed that appellant shall be released on bail upon his depositing the fine amount (if already not Signature Not Verified SAN

Digitally signed by RASHMI PRASHANT Date: 2021.10.05 18:20:43 IST 2 CRA-5857-2021 deposited) and furnishing a personal bond by the appellant in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before concerned trial Court, the execution of the custodial part of the sentence imposed against the appellant shall remain

suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his presence before the concerned trial Court on 22.12.2021 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

List in due course.

C. c. as per rules.

(PRANAY VERMA) JUDGE

rashmi

Signature Not Verified SAN

Digitally signed by RASHMI PRASHANT Date: 2021.10.05 18:20:43 IST