Upendra @ Guddu Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 790 MP

                                                         1
                              The High Court Of Madhya Pradesh
                                        CRA No. 467 of 2022
                                    (UPENDRA @ GUDDU YADAV Vs THE STATE OF MADHYA PRADESH)

                      Jabalpur, Dated : 17-01-2022
                            Heard through Video Conferencing.

                            Shri A. P. S. Baghel, learned counsel for appellant.
                            Shri Aman Pandey, learned P.L for respondent/State.

Appellant has filed I.A. No.892/2022, an application for exemption from filing certified copy of the judgment dated 15.11.2021.

It is submitted by him that due to third wave of COVID 2019 pandemic

copy of the judgment could not be obtained from the Court and, therefore, same was not filed.

For the reasons stated in the application, same is allowed. Appellant is exempted from filing certified copy of the judgment dated 15.11.2021.

Registry has not listed the case on I.A No.648/2022, an application under Section 389(1) of Code of Criminal Procedure, for suspension of sentence and grant of bail.

Appellant has been convicted under Section 394 of the IPC and

sentenced to rigorous imprisonment for 3 years and to pay fine of Rs.5000/- with default stipulation.

Considering the fact that sentence of appellant has been suspended by the trial Court till today i.e. 17.1.2022, therefore, I.A.No. 648/2022 is taken up for hearing.

Learned Panel Lawyer appearing for the respondent/State opposed the application for suspension of sentence.

Considering the fixed term of sentence and also the fact that appellant has been released on bail by the trial Court and also the fact that sentence of co-accused persons have already been suspended and they have been released on bail, application (I.A.No. 648/2022) is allowed.

Signature Not It is hereby directed that sentence of appellant shall remain suspended SAN Verified

Digitally signed by ARVIND KUMAR DUBEY Date: 2022.01.18 09:31:08 IST

subject to condition of his depositing the fine amount during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry on 2.08.2022 and on other dates as may be fixed in this regard by the Registry till final disposal of this appeal.

C.C. as per rules.

(VISHAL DHAGAT) JUDGE

DUBEY/-

Signature
 SAN      Not
Verified

Digitally signed by
ARVIND KUMAR
DUBEY
Date: 2022.01.18
09:31:08 IST