Shivcharan Patel vs The State Of Madhya Pradesh
2021 Latest Caselaw 6796 MP

                                  1                              CRA-5999-2021
        The High Court Of Madhya Pradesh
                   CRA-5999-2021
          (SHIVCHARAN PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

1
Jabalpur, Dated : 25-10-2021

      Shri R.P. Mishra, Advocate for the appellants.
      Shri       Vinay   Kumar        Sharma,   Panel     Lawyer         for   the
respondent/State.

Heard on the question of admission.

Record of the Court below be called for.

Also heard on I.A.No.18211/2021, 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 29.09.2021 passed by Sessions Judge, Anuppur, District Anuppur (M.P.) in S.T. No. 200039/2014, whereby the appellants have been convicted for commission of offence punishable

under Sections 420/120-B and 409/120-B of the IPC and sentenced to undergo RI for one year each alongwith fine amount of Rs.2,000/- and Rs.10,000/- respectively with default stipulation.

Learned counsel for the appellant submits that the appellants were on bail during the trial and they did not misuse the liberty so granted to them. There is a fair chance to succeed in the case and if the custodial sentence of the appellants is not suspended then the appeal filed by them may turn infructuous. The disposal of the appeal will take time. Hence, learned counsel for the appellants prays for suspension of custodial sentence of the appellants.

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

2 CRA-5999-2021

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 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 sum of Rs.50,000/-(Rupees Fifty

Thousand Only) each with one solvent surety in the like amount each to the satisfaction of the trial Court for their further appearance before the trial Court on 14.02.2022 and thereafter, on all the dates as may be fixed by the trial Court in this behalf.

List this appeal immediately after the receipt of the record. CC as per rules.

(ARUN KUMAR SHARMA) JUDGE

Vin**

Signature Not Verified SAN

Digitally signed by VINOD SHARMA Date: 2021.10.26 14:48:48 IST