Pappu Kushwaha vs The State Of Madhya Pradesh
2021 Latest Caselaw 6004 MP

                                      1                              CRA-5214-2021
        The High Court Of Madhya Pradesh
                   CRA-5214-2021
               (PAPPU KUSHWAHA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

1
Jabalpur, Dated : 24-09-2021
       Heard through Video Conferencing.
       Shri Priyank Choubey, learned counsel for the appellants.
       Shri      Shailesh    Khampariya,     learned   Panel    Lawyer      for   the
respondent/State.

Call for the record of the trial Court.

After perusal of the judgment, this appeal is having arguable point, hence it is admitted for final hearing.

Heard on I.A. No.15901/2021, an application under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of sentence and grant of bail to the appellants.

T h e appellants stand convicted for the offence punishable under Sections 3(1)(x) of the SC/ST Act and Section 294 of the Indian Penal Code and have been sentenced to undergo R.I. for 6 months and fine of Rs.1000/- and R.I. for 1 month and fine of Rs.100/- respectively, with default

stipulation.

Learned counsel for the appellants submits that the appellants was on bail during trial. It is further submitted that this appeal would take considerable time for its disposal. In such circumstances, the appellants pray for suspension of sentence and grant of bail.

Learned Panel Lawyer for the respondent/State opposes the bail application.

Having heard the learned counsel for the parties and looking to the fact that the appellants were on bail during trial and the fact that this appeal would take considerable time for its disposal, without expressing any opinion on the merits of the case, this Court is inclined to suspend the further custodial sentence of the appellants till final disposal of the appeal. Hence, I.A.

2 CRA-5214-2021 No.15901/2021 is allowed.

It is directed that on depositing the fine amount, if not already deposited, and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount each to the satisfaction of the trial Court, for their appearance before the trial Court on 30.10.2021 and all other subsequent dates, as may be fixed by the

trial Court in this regard, the remaining part of the substantive jail sentence imposed upon the appellants Pappu Kushwaha and Jagdish Kushwaha shall remain suspended and they shall be released on bail.

It is further directed that if the appellants are found indulged in any criminal activity during suspension of their jail sentence, the bail granted in this case shall stand cancelled.

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the appellants.

Let the appeal be listed for final hearing in due course. Certified copy as per rules.

(SUNITA YADAV) JUDGE

Digitally signed b by BIJU BABY Date: 2021.09.25 14:39:17 +05'30'