Sandeep Dhobi vs The State Of Madhya Pradesh
2021 Latest Caselaw 5357 MP

                                     1                               CRA-4903-2021
        The High Court Of Madhya Pradesh
                   CRA-4903-2021
               (SANDEEP DHOBI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

3
Jabalpur, Dated : 13-09-2021
       Heard through Video Conferencing.
       Shri Vijay K. Pandey, learned counsel for the appellants.
       Shri Neeraj Ashar, 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.15136/2021, first filed by the appellants / accused under section 389 (1) of Cr.P.C. for suspension of his jail sentence and grant of bail filed on behalf of the appellants.

T h e appellants/accused have filed this appeal against the judgment dated 12/08/2021 passed by Special Judge (Atrocities), Chhatarpur in Special Case No. 47/2015, whereby the appellants have been convicted for commission of offence punishable under Sections 354(A)(i)(ii) and 323/34 of the IPC and sentenced to undergo RI for 2 years and 3 months alongwith fine of Rs.2,000/- and Rs.500/- each respectively with usual default

stipulation.

Learned counsel for the appellants submits that the custodial sentence of the appellants have already been suspended by trial Court since 20/09/2021. 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, sentence be suspended and they be enlarged on bail. 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.

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-4903-2021 execution of jail sentence of the appellants-Sandeep Dhobi, Manoj Dhobi, Bhagun Dhobi and Vinod 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 separate 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: 2021.09.13 17:47:28 IST