Harishankar Meena vs The State Of Madhya Pradesh
2022 Latest Caselaw 2831 MP

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             The High Court Of Madhya Pradesh
                      CRA No. 7555 of 2021
                  (HARISHANKAR MEENA Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 28-02-2022
        Shri Ankur Maheshwari, counsel for the appellant.

        Smt. Padamshree Agarwal, Panel Lawyer for the respondent/State.

I.A. No.3118/2022, an application for urgent hearing is considered and allowed.

Also heard on I.A.No.3120/2022, an application under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant-

Harishankar Meena.

T his Criminal Appeal assails the judgment dated 15.11.2021 passed in Sessions Trial/Case No.400082/2016; whereby, appellant stand convicted under Section 409 of IPC and sentenced to undergo five years RI and fine of Rs.5,00,000/- with default stipulation.

Learned counsel for the appellant submits that the appellant was on bail during trial and he did not misuse the liberty. During trial he was in custody from 16.07.2010 to 27.08.2010 and since the date of passing of the impugned judgment he is in custody. The appellant has already suffered jail sentence near about five

months Hence, prayed to suspend the jail sentence of the appellant and grant him bail.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A.No.3120/2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court

on 25/04/2022 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Van

VANDANA VERMA 2022.03.02 11:45:59 -08'00'