Saket @ Dallu Rajput vs The State Of Madhya Pradesh
2021 Latest Caselaw 6786 MP

                                   1                               CRA-6182-2021
           The High Court Of Madhya Pradesh
                      CRA-6182-2021
               (SAKET @ DALLU RAJPUT Vs THE STATE OF MADHYA PRADESH)

1
Jabalpur, Dated : 25-10-2021
       Shri Deen Dayal Namdeo, Advocate for the appellant.
       Shri Subodh Tamrakar, P.L. for the respondent/State.

Record of the trial Court be called for.

Heard on I.A.No.18623/2021, which is an application for suspension of sentence and grant of bail to the appellant.

The appeal has been preferred under Section 374(2) of the Cr.P.C., by t h e appellant against impugned judgment dated 04.10.2021 in S.T. No.186/2016 passed by Second Additional Sessions Judge, Narsinghpur (M.P.), whereby the appellant has been convicted for the offences punishable under Sections 326, 324 of the IPC and has been sentenced to undergo R.I. for three years with fine of Rs.3,000/-, R.I. for one year with fine of Rs.2,000/- respectively and section 25(1-Kha)(kha) of the Arms Act and has been sentenced to undergo R.I. for two years with fine of Rs.3,000/- with default stipulation.

Learned counsel for the appellant submits that the appellant was on bail during the trial and he has not misused the liberty granted to him. He has been falsely implicated in this case. Learned trial Court has already suspended the sentence and granted bail to the appellant till 11.11.2021. This appeal is of year 2021 and its final hearing will take time to conclude. Therefore, the application filed on behalf of the appellant may be allowed and the period of his remaining jail sentence may be suspended further and he may be released on bail.

Learned counsel for the respondent/State has opposed the application. Considering the contention of learned counsel for both the parties and trial Court has already suspended the sentence and grant bail to the appellant, this appeal is of year 2021, but without expressing any opinion on the merits 2 CRA-6182-2021 of the case, I am of the considered opinion that it would be appropriate to suspend the custodial sentence awarded to the appellant and grant bail to him.

Consequently, I.A.No.18623/2021 is allowed subject to deposit of fine amount, if not already deposited. The custodial sentence awarded to the appellant shall remain suspended during the pendency of this appeal.

Appellant Saket @ Dallu Rajput be released from custody subject to

his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the Trial Court. The appellant shall appear and mark his presence before the Trial Court on 28.01.2022 and shall continue to do so on all such future dates, as may be given in this behalf, during the pendency of the matter.

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

(ARUN KUMAR SHARMA) JUDGE

pn PANKAJ NAGLE 2021.10.27 15:43:25 +05'30'