Harendra Narvariya vs The State Of Madhya Pradesh
2022 Latest Caselaw 2084 MP

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             The High Court Of Madhya Pradesh
                      CRA No. 7516 of 2021
             (HARENDRA NARVARIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 15-02-2022
       Shri Ashok Kumar Chourasia, learned counsel for the appellants.

       Shri Somesh Gupta, learned Panel Lawyer for the respondent/State.

Heard on IA No. 779/2022, which is first application filed under Section 389(1) of Cr.P.C. for suspension of custodial sentence and grant of bail filed on behalf of appellant No.2-Vishnu Kirar (Yadav).

The appellant No.2 has filed this appeal against the judgment dated

27/11/2021 passed by Sessions Judge, Mandla in S.T. No. 59/2018, whereby he has been convicted for commission of offence punishable under Section 395/397 of the IPC and sentenced to undergo RI for a period of seven years and to pay fine amount of Rs.1,000/- with usual default stipulation.

Learned counsel for the appellants submits that the appellant No.2 was on bail during the trial and he did not misuse the liberty so granted to him. There are fair chances of success of this appeal and if the custodial sentence of the appellant No.2 is not suspended, then the appeal filed by him may turn infructuous. The final hearing of the appeal would take considerable time. Custodial sentence of the

appellant No.1 has already been suspended by this Court, vide order dated 07/01/2022 and the case of the appellant No.2 is similar to him. Hence, learned counsel for the appellants prays for suspension of custodial sentence and grant of bail to appellant No.2.

Learned Panel Lawyer has opposed the application and prayed for its rejection.

Looking to the aforesaid facts and circumstances of the case, IA No. 779/2022 is allowed and it is ordered that subject to deposit of fine amount, if not already deposited, the execution of jail sentence of appellant No.2-Vishnu Kirar (Yadav) shall remain suspended till further orders and he be released on bail on his furnishing a personal bond in the sum of Rs.35,000/- with one solvent surety in the like amount to the satisfaction of the trial court for his appearance before the Registry of this Court on 27/06/2022 and thereafter, on all subsequent dates as

may be fixed by the Office in this behalf.

List the appeal for final hearing in due course. Certified copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

skt

Signature Not Verified SAN

Digitally signed by SANTOSH KUMAR TIWARI Date: 2022.02.16 10:56:15 IST