Anil vs The State Of Madhya Pradesh
2021 Latest Caselaw 6088 MP

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  HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                          Cr. A. No.5662 of 2021
                    Anil and another Vs. State of M.P.

Indore, Dated:- 27/09/2021
      Shri N. J. Dave, Counsel for the appellants - Anil and Sachin.

      Shri A. S. Parihar, Counsel for the respondent/State.

Heard on IA No.26337/2021, first application under Section

389 (1) of the Code of Criminal Procedure, 1973 for suspension of

jail sentence and grant of bail filed on behalf of the appellants.

The present appellants have been convicted and sentenced by

Additional Sessions Judge, Bhikangaon, Mandleshwar, West Nimar

(MP) in Sessions Trial No.386/2013 vide judgment dated 14.09.2021,

as under: -

         Conviction                         Sentence
   Section      Act           RI           Fine     Imprisonment in
                                          amount      lieu of fine
   325        IPC         6 months       Rs.1,000/- 3 months RI
   325/34 IPC          6 months Rs.1,000/- 3 months RI

Counsel for the appellants has submitted that after conviction,

the jail sentence of the appellants have already been suspended by the

trial Court upto 12.10.2021. It is further submitted that there are fair

chances of success in the appeal, there is no possibility of early

disposal of this appeal in near future; and if the sentence is not

suspended, then the present appeal filed by the appellants may turn

infructuous. Under these circumstances and looking to the short

sentence imposed on the appellants, counsel for the appellants prays

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.5662 of 2021 Anil and another Vs. State of M.P.

for suspension of jail sentence of the appellants and grant of bail to

them.

Counsel for the respondent / State of Madhya Pradesh opposes

the application by submitting that no sufficient ground is made out for

releasing the appellants on bail; hence the application filed by the

appellants be dismissed.

Considering the facts and circumstances of the case and the

arguments advanced by the counsel for the parties, this Court is of the

considered opinion that the application for suspension of custodial

sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the

case, IA No.26337/2021 is allowed and it is directed that on

furnishing a personal bond by the appellants in the sum of

Rs.50,000/- (Rupees fifty thousand only) each with separate solvent

sureties in the like amount to the satisfaction of the learned trial

Court, for their regular appearance before concerned trial Court, the

execution of the custodial part of the sentence imposed against the

appellants shall remain suspended, till the final disposal of this

appeal.

The appellants, after being enlarged on bail, shall mark their

presence before the concerned trial Court on 13.12.2021 and on all

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.5662 of 2021 Anil and another Vs. State of M.P.

such subsequent dates, as may be fixed by the concerned Court in this

regard.

Let the record of the case from the concerned trial Court be

requisitioned; and list the matter on the question of admission soon

thereafter.

C. c. as per rules.

(SUBODH ABHYANKAR) JUDGE Pankaj Digitally signed by PANKAJ PANDEY Date: 2021.09.27 17:07:37 +05'30'