Bhagirath vs The State Of Madhya Pradesh
2021 Latest Caselaw 4896 MP

                                   1                              CRA-5585-2019
        The High Court Of Madhya Pradesh
                   CRA-5585-2019
              (BHAGIRATH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

9
Jabalpur, Dated : 01-09-2021
       Heard through Video Conferencing.
       Shri Ramesh Tamrakar, Advocate for the appellant No.3.
       Shri Anand Shukla, P.L. for the respondent/State.

Appeal is already admitted on 07.01.2021.

Record has already been received.

Heard o n I.A.No.11223/2021, which is F ifth application under section 389 (1) of Cr.P.C. filed on behalf of the appellant No.3 / accused for suspension of jail sentence awarded by the Court below vide its judgment dated 31.5.2019 convicting the appellant/ accused person under sections 419/120-B, 420/120-B, 467/120-B, 468/120-B and 471/120-B, of the IPC and sentencing him to undergo effective RI for 3 years along with fine of Rs.16,000/-; with default stipulation.

Earlier applications of the appellant No.3 for suspension of sentence and grant of bail were dismissed as withdrawn by this Court vide orders

dated 06.11.2019, 29.01.2020, 26.6.2020 and 7.1.2021 passed in IA.Nos. 12378/2019, 682/2019, 4089/2020 & 13491/2020.

Learned counsel for the appellant submits that the appellant has falsely been implicated in the case. He is in custody since 29.11.2019. He submits that the appellant have already undergone the half of the custodial sentence awarded by the trial Court. It is further submitted that the disposal of the appeal will take considerable time, therefore, he prays for suspension of sentence and grant of bail to the appellants.

Learned Panel Lawyer for the respondent/State vehemently opposes the bail application.

Considering all the facts and circumstances of the case and also considering the fact that the appellants have already undergone the half of 2 CRA-5585-2019 custodial sentence awarded by the trial Court, therefore, without commenting any opinion on the merits of the case, I.A. No. 11223/2021 is allowed.

I t is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant shall remain suspended during the pendency of this appeal and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty

Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the Trial Court, Tikamgarh on 20.12.2021 and thereafter on all other such subsequent dates as may be fixed in this regard.

At the time of the release of the appellant from custody, all the instructions issued by the Government related to Covid-19 shall also be followed by the concerned authorities.

The appeal be listed for final hearing in due course as per listing policy. Certified copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

sh

Signature Not Verified SAN

Digitally signed by S HUSHMAT HUSSAIN Date: 2021.09.02 12:49:53 IST