Fagu vs The State Of Madhya Pradesh
2021 Latest Caselaw 5359 MP

                                   1                                CRR-2058-2021
        The High Court Of Madhya Pradesh
                   CRR-2058-2021

(FAGU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 13-09-2021 Heard through Video Conferencing.

Shri Vivek Agrawal, Advocate for the applicants. Shri Rajesh Sharma, P.L. for the State.

Record of the Courts below be called for.

Heard on I.A.No.15754/2021, which is an application for suspension

of sentence and grant of bail to the applicant.

The revision has been preferred under Section 397/401 of the Cr.P.C., 1973 by the applicant against impugned judgment dated 06.08.2021 in Cr.A.No.16/2020 passed by IIIrd Additional Sessions Judge Amla, District Betul arising out of the judgment and findings dated 20.10.2016 passed by JMFC, Amla District Betul in CR. Case. No.497/2013 and convicted the applicants for the offence punishable under Section 326 of the IPC and has been sentenced to undergo RI for three years with fine of Rs.300/- each with default stipulation.

Learned counsel for the applicants submits that the applicants have already deposited the fine amount. They are in jail since 06.08.2021. They were on bail during the trial and they did not misuse the liberty granted to them. There are fair chances to succeed in the case. Final hearing of this revision will take time. Therefore, the application filed on behalf of the applicanta may be allowed and period of their remaining jail sentence may be suspended and they may be released on bail.

On the other hand, learned PL opposed the bail application and prayed for rejection of the same.

Considering the contentions of learned counsel for the parties and looking to the facts and circumstances of the case and the revision will take time for its final disposal but without expressing any opinion on the merits of 2 CRR-2058-2021 the case, I am of the considered opinion that it would be appropriate to suspend the custodial sentence awarded to the applicanta and grant bail to them.

Consequently, I.A.No.15754/2021 is allowed subject to deposit of fine amount, if not already deposited. The custodial sentence awarded to the applicanta shall remain suspended during the pendency of this revision.

Applicants F a g u a n d Babloo b e released from custody on their furnishing a personal bond in the sum of Rs.35,000/- each with one solvent surety in the like amount to the satisfaction of the Trial Court. The applicants shall appear and mark their presence before Trial Court on 20.12.2021 and on subsequent dates as may fixed by the trial Court from time to time till final disposal of the case.

List after receipt of the record.

Certified copy/e-copy as per rules/directions.

(ARUN KUMAR SHARMA) JUDGE

pn

Signature Not Verified SAN

Digitally signed by PANKAJ NAGLE Date: 2021.09.13 17:31:18 IST