Jaideep Singh Rathore vs The State Of Madhya Pradesh
2021 Latest Caselaw 6734 MP

                                      1                                CRA-595-2021
            The High Court Of Madhya Pradesh
                       CRA-595-2021
            (JAIDEEP SINGH RATHORE AND OTHERS Vs THE STATE OF MADHYA PRADESH)

13
Jabalpur, Dated : 23-10-2021
       Heard through Video Conferencing.
       Shri G.S. Pandey, learned counsel for the appellants.
       Shri O.P. Patel, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, therefore, admitted for final hearing.

Also heard on I.A.No.2397/2021, which is first application filed under section 389 (1) of Cr.P.C. for suspension of custodial jail sentence and grant of bail filed on behalf of the appellants.

The appellants/accused has filed this appeal against the judgment dated 22/1/2021 passed by Fifth Additional Sessions Judge, Katni in S.T. No. 228/2017, whereby the appellants have been convicted for commission of offence punishable under Section 307 of the IPC and Section 25 of the Arms Act and sentenced to undergo RI for 10 years and one years alongwith fine amount of Rs.5,000/- and Rs.1,000/- respectively with usual default

stipulation.

Learned counsel for the appellants submits that the appellants were on bail during the trial and they did not misuse the liberty so granted to him. There are fair chances of success of this appeal and if the custodial sentence of the appellants is not suspended then the appeal filed bythem may turn infructuous. The disposal of the appeal will take time. Hence, learned counsel f o r the appellants prays for suspension of custodial sentence of the appellants.

Learned Panel Lawyer opposed the application and prayed for its rejection.

Looking to the aforesaid facts and circumstances of the case, it is ordered that subject to payment of fine amount, if not already deposited, the 2 CRA-595-2021 execution of jail sentence of the appellants shall remain suspended till further orders and they be released on bail on their furnishing a personal bond for a s um o f Rs.50,000/-(Rupees Fifty Thousand Only)each with one separate solvent surety in the like amount to the satisfaction of the trial Court for their further appearance before the trial Court on 20.12.2021 and thereafter, on all the dates as may be fixed by the trial Court in this behalf.

List the appeal for final hearing in due course. CC as per rules.

(ARUN KUMAR SHARMA) JUDGE

skt

Signature Not Verified SAN

Digitally signed by SANTOSH KUMAR TIWARI Date: 2021.10.23 17:56:41 IST