Rajesh @ Thanna Baiga vs The State Of Madhya Pradesh
2022 Latest Caselaw 2136 MP

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                                 The High Court Of Madhya Pradesh
                                          CRA No. 1612 of 2022
                                       (RAJESH @ THANNA BAIGA Vs THE STATE OF MADHYA PRADESH)

                      Jabalpur, Dated : 16-02-2022
                             Shri Sanjeev Kumar Singh, learned counsel for the appellant.

                             Shri S.K. Raghuwanshi, learned Panel Lawyer for the respondent/State.

Call for the record of the trial Court.

Heard on the question of admission.

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

Also heard on I.A.No.2704/2022, an application under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of sentence and grant of bail to the appellant.

This criminal appeal assails the judgment dated 29.01.2022 passed in S.T. No.181/2019 by Special Judge, POSCO Act, Shahdol, whereby the appellant has been convicted under Section 451 and Section 354 of IPC and sentenced to undergo R.I. for 6 months with fine of Rs.100/- and RI for two years with fine of Rs.500/- respectively, with default stipulations.

Learned counsel for the appellant submits that the appellant was on bail

during trial and his jail sentence has been suspended by the trial Court till 29.02.2022. It is further submitted that this appeal would take considerable time for it s disposal. In such circumstances, the appellant p rays 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 appellant was 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 appellant till final disposal of the appeal. Hence, I.A.No.2704/2022 is allowed.

It is directed that on depositing the fine amount, if not already deposited,

Signature SAN Not and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Verified

Digitally signed by Thousand Only) with one solvent surety in the like amount to the satisfaction of SWETA SAHU Date: 2022.02.17 15:18:44 IST

the trial Court, for his appearance before the Registry of this Court on 28.03.2022 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 appellant Rajesh @ Thanna Baiga shall remain suspended and he shall be released on bail.

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

J a il 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 appellant.

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

(SUNITA YADAV) JUDGE

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