Shambhucharan Dubey vs The State Of Madhya Pradesh
2022 Latest Caselaw 171 MP

                                    1                              CRA-7227-2021
          The High Court Of Madhya Pradesh
                   CRA No. 7227 of 2021

(SHAMBHUCHARAN DUBEY AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 04-01-2022 Shri Shishir Verma, learned counsel for the appellants.

Shri Deepak Bhatiya, learned Deputy Government Advocate for the State.

Heard on admission.

This appeal seems to be arguable, therefore, admitted for hearing. Record of Court below is available.

Heard on I.A.No. 22210/2021, which is an application for under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the applicants/appellant - Rakesh Dahiya & Anil Pandey.

B y impugned judgment dated 26.11.2021 passed by the 4th Additional Sessions Judge, Satna (M.P.) in S.T.No.500227/2013 the applicants have been convicted under Sections 147 of the IPC and sentenced to fine of Rs.1000/-, Section 332 read with 149 of the IPC and sentenced to undergo R.I. for 01 year to fine of Rs. 1000/-, Section

323 read with 149 of the IPC and sentenced to fine of Rs.1000/- Sections 427 read with 149 of the IPC and sentenced to undergo R.I. for 6 months to fine of Rs. 1000/-, Section 436 read with 149 of the IPC and sentenced to undergo R.I. for 5 years to fine of Rs. 1000/- and Section 4 Prevention of Damage to Public Property Act, 1984 read with Section 149 of IPC and sentenced to undergo R.I. for two years to fine of Rs. 1000/- with fine and default stipulations.

Learned counsel for the applicants submits that disposal o f this appeal would take considerable time, hence, it is prayed that the jail sentence of the applicants be suspended and they be released on bail.

Considering the overall facts and circumstances of the case, the nature of offence and sentence awarded to the applicants, without 2 CRA-7227-2021 commenting upon the merits of the case, this applications are allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/-(Rupees Fifty Thousand Only) each with one solvent surety in the each like amount to the satisfaction of the trial Court concerned,

remaining jail sentence imposed upon applicants - Rakesh Dahiya & Anil Pandey shall remain suspended during the pendency of this case and they shall be released on bail.

The appellants shall appear before the trial Court on 26.04.2022 and on all such subsequent dates, as may be fixed in this regard during pendency of this appeal.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

R

Signature Not Verified SAN

Digitally signed by ROSHNI SINGH Date: 2022.01.04 18:48:54 IST