Santosh Jhariya vs The State Of Madhya Pradesh
2022 Latest Caselaw 16082 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 11162 of 2022
                                              (SANTOSH JHARIYA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 05-12-2022
                                   Shri R. Yadav - Learned counsel for the appellant.

                                   Smt. Garima Tiwari - Learned Panel Lawyer for the Respondent /

State.

Record of the trial Court be called for. Heard on I.A. No.22766/2022 which is first application filed on behalf

of the appellant for suspension of sentence and grant of bail.

The appellant has been convicted by the trial Court under Section 363 of the I.P.C. and sentenced to R.I. for two years with fine of Rs.1000/- with default stipulations.

Learned counsel for the appellant has submitted that the maximum sentence awarded to the appellant is 2 years. It is also submitted that the appellant is in jail since the date of judgment. Disposal of this appeal would take considerable time, therefore, the custodial sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer has opposed the prayer for bail. Although record is not available, however, looking to the nature of offence and period of jail sentence awarded to the appellant, without commenting on the merits of the case, I deem it to be a fit case to suspend the custodial sentence of the appellant and to release him on bail, therefore, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 12/6/2022 4:13:13 PM

Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant shall remain suspended and he shall be released on bail for securing his presence before the trial Court on 1.5.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

The appellant shall regularly appear before the trial Court, on each and every date, without fail.

List this matter after eight weeks for admission.

(SMT. ANJULI PALO) JUDGE

JP

Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 12/6/2022 4:13:13 PM