Jaggi @ Jagdish vs The State Of Madhya Pradesh
2022 Latest Caselaw 5562 MP

                                                                             1
                                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                                  AT JABALPUR
                                                                     CRA No. 2753 of 2022
                                                     (JAGGI @ JAGDISH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                       Dated : 18-04-2022
                                             Shri Vinod Kumar Dubey, counsel for the appellants.

                                             Shri Gaurav Tiwari, panel lawyer for the respondent/State.

Appeal appears to be arguable; hence, it is admitted for final hearing. Record of the trial Court is received.

Heard on I.A.No.5478/2022, this is the first application for suspension of jail sentence and grant of bail moved by the appellants.

Counsel appearing for the appellants prays for withdrawal of application for suspension of sentence and grant of bail on behalf of appellants no.2 and 4.

Prayer is not opposed by the other side.

Accordingly, the application, so far as it relates to appellant no.2 Lokman and appellant no.4 Brijendra stand dismissed as withdrawn. However, they are at liberty to repeat the same.

T his Criminal appeal assails the judgment dated 24.02.2022, passed in Sessions Trial No.65/2019 by the learned Seventh Additional Sessions Judge, Sagar; whereby the appellant no.1 has been convicted under Sections 325/34 and

323/34 (three counts) of IPC and sentenced to R.I. for three years and fine of Rs.5,000/- and R.I. for six months on each count and fine of Rs.1,000/- on each count respectively with default stipulations. The appellant no.2 has been convicted under Sections 325/34 (three counts) and 323/34 (three counts) of IPC and sentenced to R.I. for three years on each count and fine of Rs.5,000/- on each count and R.I. for six months on each count and fine of Rs.1,000/- on each count respectively with default stipulations.

The appellants no.3 and 4 have been convicted under Sections 325/34 (three counts) and 323/34 (three counts) of IPC and Section 25 (1-B) (B) of Arms Act and sentenced to R.I. for three years each on each count and fine of Rs.5,000/- each on each count, R.I. for six months each on each count and fine of Rs.1,000/- Signature Not Verified SAN each on each count and R.I. for one year each and fine of Rs.500/- each, respectively with default stipulations.

Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2022.04.18 17:23:29 IST

It is mentioned in the application that the sentences of appellants no.1 and 3 have temporarily been suspended by the learned trial Court up to 18.04.2022.

I n view of the aforesaid and the fact that there is no likelihood of early disposal of the appeal in near future, this Court is inclined to grant bail to

appellants no.1 and 3 by way of suspension of sentence subject to verification of the aforesaid aspect that the sentence is suspended up to 18.04.2022 and also subject to verification that the fine amount has already been deposited.

Ac c o rd ingly, without expressing any opinion on the merits, I.A.No.5478/2022 is partly allowed and it is directed that the jail sentence of the appellant no.1 Jaggi @ Jagdish and appellant no.3 Mahendra will remain under suspension subject to the verification of the fact that the amount of fine has already been deposited and on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) by the appellants no.1 and 3 with one solvent surety each in the like amount to the satisfaction of trial Court concerned for their appearance before the Registry of this Court on 30.08.2022; and thereafter, on such other dates as may directed by the Registry of this Court in this regard.

List the matter for final hearing in due course as per its own turn. Certified copy as per rules.

(VISHAL MISHRA) JUDGE

taj

Signature Not Verified SAN

Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2022.04.18 17:23:29 IST