Gorelal vs The State Of Madhya Pradesh
2021 Latest Caselaw 5395 MP

                                  1                               CRA-2899-2021
        The High Court Of Madhya Pradesh
                   CRA-2899-2021

(GORELAL Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 14-09-2021 Heard through Video Conferencing.

Shri K.P. Pathak, learned counsel for the appellant. Shri K.K. Agnihotri, learned Panel Lawyer for the State. Heard on admission.

This appeal seems to be arguable, therefore, admitted for hearing.

Als o considered I.A.No.6926/2021, an application u/s 389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant- Gorelal.

By the impugned judgment dated 08.04.2021 passed by the trial Court in SCNDPS 19/2019 the appellant has been convicted for offence under section 8(ga)/8(c) r/w Section 20(kha)(ii)(aa), 20 (b)(ii)(B)of IPC and sentenced to undergo R.I. for five years and fine of Rs.50,000/- with default stipulations.

Learned counsel for the appellant submits that the sentence awarded to

the appellant is of five years. The appellant is in custody since 11.11.2019 and disposal of this appeal would take considerable time, hence, the jail sentence of the appeal be suspended and he be released on bail.

Learned Panel Lawyer for the State has opposed the bail application. Considering the nature of offence, period of jail sentence awarded to the appellant and period of custody, without commenting upon the merits of the case, the aforesaid I.A. is allowed subject to following conditions:-

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh 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 appellant shall remain suspended during the 2 CRA-2899-2021 pendency of this case and he be released on bail.

The appellant shall appear before the trial Court concerned on 08.12.2021 and on all such subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A. No.6926/2021 stands disposed off. List for final hearing in due course.

Certified copy as per rules.

(SMT. ANJULI PALO) JUDGE

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2021.09.15 11:01:05 IST