Babulal @ Babbu Bajpai vs The State Of Madhya Pradesh
2021 Latest Caselaw 6525 MP

                                   1                               CRA-5389-2021
        The High Court Of Madhya Pradesh
                   CRA-05389-2021

(BABULAL @ BABBU BAJPAI Vs THE STATE OF MADHYA PRADESH)

CRA/05389/2021

Jabalpur, Dated : 08-10-2021 Heard through Video Conferencing.

Mr. Chandrapal Singh Parmar, learned counsel for the appellants in Criminal Appeal No.5460/2021.

Mr. B.J. Chourasiya, learned counsel for the appellant in Criminal

Appeal No.5389/2021.

Ms. Shanti Tiwari, learned Panel Lawyer for the State. Heard on admission.

Both the appeals are admitted for final hearing. Record of the trial Court is available.

Also heard on I.A.Nos.16591/2021 and 16407/2021, which are first applications under Section 389 (1) of the Cr.P.C. filed on behalf of appellants for suspension of sentence and grant of bail.

A perusal of the judgment reveals that the appellants stands convicted

under Sections 451, 323(on four count) and 354(A) of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for period of six months, six months and three years respectively with fine of Rs.500/-, Rs.500/- and Rs.2,000/- respectively with usual default stipulations.

Learned counsel for the appellants submits that the appellants were on bail during trial and they did not misuse the liberty granted to them. The jail sentence of the appellants have already been suspended by the trial Court and they have already deposited the fine amount, therefore, it has been prayed that the jail sentence of the appellants be suspended and they be released on bail.

Learned Panel lawyer for the State on the other hand has opposed the bail applications.

However, keeping in view the facts and circumstances of the case particularly the fact that the jail sentence of the appellants have already been 2 CRA-5389-2021 suspended by the trial Court, therefore, in the opinion of this Court, these are fit cases for grant of bail.

Accordingly, I.A.Nos.16591/2021 and 16407/2021 are allowed. It is directed that on depositing the fine amount and furnishing a personal bond in the sum of Rs.50,000/- each with one solvent surety each in

the same amount to the satisfaction of the trial Court for their appearance before the concerned trial Court on 20.12.2021 and all other subsequent dates fixed by the that Court, the remaining part of the substantive jail sentence imposed upon them shall remain suspended and they shall be released on bail.

Both the cases be listed for final hearing in due course. Certified copy/e-copy today.

(ARUN KUMAR SHARMA) JUDGE

julie

Signature Not Verified SAN

Digitally signed by JULIE SINGH Date: 2021.10.08 17:05:42 IST