Dharmendra Jaat vs The State Of Madhya Pradesh
2022 Latest Caselaw 1236 MP

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   IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
               CRIMINAL APPEAL NO.395 OF 2022
    (Dharmendra Jaat and Another vs The State of Madhya Pradesh)


Indore, Dated 27.01.2022
        Heard through Video Conferencing.
        Mr. Ajay Mishra, Counsel for the Appellants.
        Ms.     Seema       Maheshwari,       Counsel     for      the
Respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing.

Let record of the Court below be requisitioned. Also heard on IA No.412/2022 which is an application for suspension of jail sentence filed on behalf of the appellants under Section 389(2) of the Code of Criminal Procedure, 1973.

The appellants have been convicted for an offence punishable under Section 325/34 of IPC and has been sentenced rigorous imprisonment for the period 01-01 year and fine of Rs.1,000-1,000/- each and in default of fine, sentence for the period of further three months rigorous imprisonment for both of them.

Counsel for the appellants has submitted that the appellants were on bail during trial and they have not misused the liberty so granted to them. He has further submitted that the appellants had deposited the fine amount before the trial Court and that there is no likelihood of appellants being fleeing away from the course of natural justice. Hence, prays for suspension of custodial sentence of the appellants and grant of bail to them.

Per contra, Counsel for the respondent/State on the other hand opposed the prayer and prays for dismissal of the suspension application.

After going through the impugned judgment and taking into

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.395 OF 2022 (Dharmendra Jaat and Another vs The State of Madhya Pradesh)

consideration all the facts and circumstances of the case, without commenting upon the merits of the case, this application is allowed. It is directed that if the present appellants furnishes the personal bond of Rs.50,000/- (Rupees Fifty thousand) each and a solvent surety each of the like amount to the satisfaction of the trial Court, and on depositing the fine amount, the remaining portion of the jail sentence of appellants shall be suspended and they be released on bail for their appearance before the Registry of this Court on 28.03.2022 and thereafter on all subsequent dates as may be fixed by the Registry in this behalf. Accordingly IA No.412/2022 stands disposed of.

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

                                                   (SUBODH ABHYANKAR)
  Arun/-                                                   JUDGE




ARUN NAIR
2022.01.28 17:09:35
+05'30'