Vishal vs The State Of Madhya Pradesh
2022 Latest Caselaw 394 MP

                                   1                                CRA-24-2022
        The High Court Of Madhya Pradesh
                  CRA No. 24 of 2022
                      (VISHAL Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 07-01-2022
      Shri Anil Tiwari, learned counsel for the appellant.

      Shri Rajeev Kumar Pandey, learned                Panel Lawyer for the
respondent/State.

Heard on the question of admission.

Let record of the court below be called for. Also heard on I.A.No.21/2022, which is an application for suspension

of sentence and grant of bail to the appellant.

T he present appeal has been preferred under Section 374(2) of the Cr.P.C. by the appellant against impugned judgment dated 17/12/2021 in S.T. No. 49/2019 passed by First Additional Sessions Judge, Khandwa, whereby the appellant has been convicted for the offence punishable under Section 411 of the IPC and sentenced to undergo R.I. for three months and fine amount of Rs.500/- with usual default stipulation.

Learned counsel for the appellant submits that the custodial sentence of the appellant has already been suspended by the trial Court till 17/01/2022.

There is no possibility of final hearing of the appeal in near future. Hence, he prayed for suspension of custodial sentence and grant of bail to appellant.

Learned Panel Lawyer has vehemently opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case coupled with the fact that the custodial sentence of the appellant has already been suspended by the trial Court, IA No. 21/2022 is allowed.

I t is directed that subject to payment of fine amount, if not already deposited, execution of jail sentence of appellant shall remain suspended during pendency of this appeal and he be released on bail on his furnishing a personal bond for the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court 2 CRA-24-2022 for his appearance before the trial Court on 21.03.2022 and thereafter on all the subsequent dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

List immediately after receipt of the record on the question of admission.

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

(ARUN KUMAR SHARMA) JUDGE

skt

Signature Not Verified SAN

Digitally signed by SANTOSH KUMAR TIWARI Date: 2022.01.07 17:40:25 IST