Madhya Pradesh High Court
Bhagirath vs The State Of Madhya Pradesh on 22 September, 2021
Author: Arun Kumar Sharma
1 CRA-5585-2019
The High Court Of Madhya Pradesh
CRA-5585-2019
(BHAGIRATH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
10
Jabalpur, Dated : 22-09-2021
Heard through Video Conferencing.
Shri Ramesh Tamrakar, learned counsel for the appellants.
Shri Yogesh Mishra, learned Panel Lawyer for the respondent/State.
Heard on I.A. No.16536/2021, which is repeat (fourth) application
under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of
bail filed on behalf of appellant Nos. 1 and 2, namely Bhagirath and
Parshottam.
T h i s appeals have been preferred against the judgment dated
31/05/2019 passed by Sessions Judge, Sagar in S.T. No.600250/2015,
whereby the appellants has been found guilty for the offence punishable under
Sections 419/120(B), 420/120(B), 467/120(B), 468/120(B) and 471/120(B) of
the IPC and sentenced him to undergo RI for one years, two years, three
years, two years and three years respectively alongwith fine amount with usual
default stipulations.
Learned counsel for the appellants has submitted that the appellants
have falsely been implicated in the alleged offence. They are in custody since
29/11/2019. The appellants have already suffered more than half of the
custodial sentence and there is no possibility of this appeal in near future. The
appellants have deposited the fine amount before the trial Court. There are
fair chances of success of this appeal. Application for suspension of
custodial sentence and grant of bail filed by the appellant No.3 has already
been allowed by this Court, vide order dated 01/09/2021 and case of the
appellant Nos. 1 and 2 is similar to him. Hence, prayed for suspension of the
jail sentence and release of the appellant Nos. 1 and 2.
On the other hand, learned counsel for the State opposed the prayer
and rejection of the same.
2 CRA-5585-2019
Looking to facts and circumstances of the case and evidence available
on record, this Court is of the view that it is a fit case for grant of bail and
suspension of sentence. Accordingly, I.A. No.16536/2021 is allowed.
It is directed that the execution of the jail sentence alone passed
against appellant No.1-Bhagirath and appellant No.2-Parshottam remain
suspended till next date of hearing and he be released on bail upon their
furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand
only)each with one separate surety in the like amount to the satisfaction of the
trial Court for securing their appearance before the trial Court, Sagar 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.
At the time of release of the appellant Nos. 1 and 2 from custody, all
the instructions issued by the Government related to COVID-19 shall also be
followed by the concerned authorities.
List this case for final hearing in due course as per listing policy.
Certified copy/e-copy as per rules/directions.
(ARUN KUMAR SHARMA)
JUDGE
skt
Signature Not Verified
SAN
Digitally signed by SANTOSH KUMAR
TIWARI
Date: 2021.09.22 17:47:47 IST
