Badal vs The State Of Madhya Pradesh
2021 Latest Caselaw 6682 MP

                                   1                                CRA-5906-2021
        The High Court Of Madhya Pradesh
                   CRA-5906-2021
                (BADAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

1
Jabalpur, Dated : 22-10-2021
       Heard through Video Conferencing.
       Shri Manish Datt, learned Sr. Advocate with Shri Siddharth Bendel,
Advocate for the appellants.
       Ms. Shanti Tiwari, P.L. for the respondent/State.

Heard on admission.

Record of the trial Court be called for.

Also heard on I.A.No.17931/2021, which is an application for suspension of sentence and grant of bail to the appellants.

The appeal has been preferred under Section 374(2) of the Cr.P.C., by t h e appellants against impugned judgment dated 22.09.2021 in S.T.

No.78/2019 passed by learned 4th Additional Sessions Judge, Chhindwara (M.P.), whereby the appellants have been convicted for the offence punishable under Section 201 of the IPC and have been sentenced to undergo R.I. for seven years each alongwith fine of Rs.3,000/- each with default

stipulation.

Learned counsel for the appellants submits that the appellants were on bail during the trial and they did not misuse the liberty granted to them. They have deposited the fine amount before the trial Court. They have been falsely implicated in this case. Co-accused persons namely Yash @ Papad Barve and Dharmendra @ Dabbu Dhurve are the main accused in this case. They have committed a heinous offence. There was no role of the appellants. They will regularly appear before the trial Court and abide by all the terms and conditions imposed by the Court. Hence, it is prayed that the appellants be granted bail and their sentence be suspended.

Learned Panel Lawyer for the State opposes the application. Considering the contentions of learned counsel for both the parties, 2 CRA-5906-2021 this appeal is of the year 2021 and it will take long time for final disposal, but without expressing any opinion on the merits of the case, I am of the considered opinion that it would be appropriate to suspend the custodial sentence awarded to the appellants and grant bail to them.

It is ordered that subject to deposit of fine amount, if not already deposited, the execution of jail sentence of the appellants shall remain

suspended during the pendency of this appeal and they be released on bail on their furnishing a personal bond for a sum of Rs.50,000/- each with one surety 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 trial Court in this regard.

In case, the appellants are found absent on any date fixed by the trial Court then the said Court shall be free to issue and execute warrant of arrest without referring the matter to this Court, provided the Registry of this Court is kept informed.

List for admission after receipt of the record. Certified copy/e-copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

pn

Signature Not Verified SAN

Digitally signed by PANKAJ NAGLE Date: 2021.10.23 10:45:58 IST