Anil vs The State Of Madhya Pradesh
2022 Latest Caselaw 2371 MP

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                                The High Court Of Madhya Pradesh
                                          CRA No. 623 of 2021
                                             (ANIL Vs THE STATE OF MADHYA PRADESH)

                      Jabalpur, Dated : 21-02-2022
                            Shri K.S. Rajput, learned counsel for the appellant.

                            Ms. Arti Dwivedi, learned Panel Lawyer for the respondent/State.

Appeal has been admitted on 14.06.2021.

Heard on I.A. No.21959/2021, which is the second application under Section 389(1) of the Code of Criminal Procedure for suspension of sentence

and grant of bail to the appellant. First one was dismissed as withdrawn on 14.06.2021.

Vi d e the impugned judgment dated 21.01.2021 passed by the IIIrd Additional Sessions Judge, Khandwa in sessions trial No.158/2019, the appellant has been convicted for the offence punishable under Section 392/34 of IPC and Section 25 (1-B) (B) of Arms Act and sentenced thereunder to suffer R.I. for five years with fine of Rs.500/-; in default further R.I. for one month.

Learned counsel for the appellant submits that appellant has suffered

more than a half of the sentence awarded, the appeal would take time to be heard finally, the application for suspension of sentence and grant of bail to the appellant deserves to be allowed.

Ms. Dwivedi learned Panel Lawyer appearing for the respondent/State on the other hand has opposed the application.

Considering the aforesaid, and period has already undergone by the appellant without commenting anything on the merits of the case, I am inclined to consider and allow the application of suspension of sentence and grant of bail to the appellant. Accordingly, I.A. No.21959/2021 is allowed.

It is directed that on appellant's depositing the fine amount, if not deposited, his remaining jail sentence shall remain suspended and he shall be Signature SAN Not Verified released on bail upon his furnishing a personal bond in the sum of Rs.80,000/- Digitally signed by AKANKSHA (Rupees eighty Thousand) with a surety bond of like amount to the MAURYA Date: 2022.02.22 11:07:13 IST

satisfaction of trial Court concerned for his appearance before the Registry of this Court on 24.03.2022 and on such other dates as may be fixed by the Registry in this regard.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

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