Citation : 2021 Latest Caselaw 5787 MP
Judgement Date : 21 September, 2021
1 CRA-5320-2021
The High Court Of Madhya Pradesh
CRA-5320-2021
(VIRENDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 21-09-2021 Heard through Video Conferencing.
Heard on the question of admission.
Appeal seems to be arguable, hence it is admitted for final hearing.
Also heard on IA No.24867/2021 filed on behalf of the appellants Virender, Rajesh, Chetan and Sanjay, whose sentences are already suspended by the trial court.
The application is for suspension of jail sentence under Section 389 (1) of Cr.P.C. by the appellants. Appellants are convicted for the offence punishable under Section 323 (4 counts) of IPC and sentenced to undergo six months each with fine of Rs.500/- each with default stipulations respectively vide judgment dated 17-08- 2021 by First Additional Sessions Judge, Sendhwa, District Badwani
in ST No.06/2019.
Learned counsel for the appellants submits that final hearing of appeal is likely to take some time and appellants have a good case in appeal, hence jail sentence be suspended during pendency of the appeal.
Learned Panel Lawyer opposes the application. I have considered the submissions of learned counsel for the parties and considering the facts and circumstances of the case, I am of the opinion that it is a fit case of grant of suspension of jail sentence. Thus, the application for suspension of jail sentence is Signature Not Verified SAN allowed. It is directed that on deposition of fine amount and also on Digitally signed by RASHMI PRASHANT Date: 2021.09.22 12:58:58 IST 2 CRA-5320-2021 furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before this Court/Registry on 21/12/2021 and on all other subsequent dates, as may be fixed by the Registry in this behalf, the execution of
substantial jail sentence imposed on the appellants shall remain suspended, till the final disposal of this appeal.
Accordingly, IA No. 24867/2021 stands disposed of finally. A copy of this order be sent to Court concerned for it's compliance.
Certified copy as per rules.
(PRANAY VERMA) JUDGE
rashmi
Signature Not Verified SAN
Digitally signed by RASHMI PRASHANT Date: 2021.09.22 12:58:58 IST
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