Narayan Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 4958 MP

                                   1                               CRA-5010-2021
            The High Court Of Madhya Pradesh
                       CRA-5010-2021
             (NARAYAN YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

1
Jabalpur, Dated : 02-09-2021
       Heard through Video Conferencing.
       Mr.Ranjan Banerjee, learned counsel for the appellant.
       Mr.Ajay Tamrakar, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

The appeal seems to be arguable. It is admitted for hearing.

Considered I.A.No.15322/2021, an application u/s 389(1) Cr.P.C. for suspension of sentence on behalf of appellants/applicants, namely, Narayan Yadav, Dhaniram and Babu Yadav.

By the impugned judgment dated 13.8.2021 passed by trial Court in S.T.No.261/16 the applicants have been convicted for the offences under sections 325 r/w 34 and 323 r/w 34 of Indian Penal Code and sentenced to undergo R.I. for 2 years and 6 months and fine of Rs.1,000/- & Rs.500/- respectively with stipulated defaults.

Learned counsel for the applicants submitted that applicants are

innocent and have been falsely implicated in the crime in question. The court below has passed the impugned judgment without properly appreciating the oral and documentary evidence on record. The applicants have already deposited the fine amount. The disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the sentence and grant bail to the applicants.

Learned Panel Lawyer for the respondent/State has opposed the prayer for bail.

Considering the over all facts and circumstances of the case; the maximum sentence awarded by the trial Court is 2 years; fine amount has already been deposited by the applicants; sentence has been suspended by the trial Court till 11.9.2021; and disposal of this appeal would take 2 CRA-5010-2021 considerable time, without commenting on merits of the case, the application is allowed.

I t is directed that on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon applicants-Narayan Yadav,

Dhaniram and Babu Yadav shall remain suspended during the pendency of this case and they be released on bail.

The applicants shall appear before the concerned trial Court on 07.12.2021 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.15322/2021 stands disposed of. Let record of the court below be called for. List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH T MAMTANI Date: 2021.09.02 18:03:36 IST