Golu vs The State Of Madhya Pradesh
2022 Latest Caselaw 7556 MP

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                IN THE HIGH COURT OF MADHYA PRADESH
                             AT JABALPUR
                                CRA No. 4570 of 2022
                           (GOLU Vs THE STATE OF MADHYA PRADESH)

Dated : 02-06-2022
          Shri Aman Dawra, Advocate for the appellant.

          Shri Vinod Tiwari, Panel Lawyer for the respondent/State.

Shri Vinod Tiwari Panel Lawyer takes notice on behalf of the respondent/State. Now there is no need to issue further notice to the respondent.

Call for the trial Court record.

Heard on I.A.No.9114/2022, an application under Section 389(1) of Cr.P.C. for suspension of execution of jail sentence and grant of bail to the appellant pending the appeal.

T h e appellant has been convicted for commission of offence under Section 435 r/w Section 34 of IPC and has been sentenced to undergo R.I for 3 years and fine of Rs.1,000/- with default stipulations by the learned First Additional Sessions Judge Begumganj, District Raisen (M.P.) vide judgment dated 13.05.2022 passed in ST No. 101/2021 (State of MP Vs. Golu).

Learned counsel for the appellant has submitted that appellant has been

released on bail till 13.06.2022 by the trial Court. During trial, he was on bail and he has not misused the liberty granted to him by way of bail. Learned counsel further submitted that he has fair chance to succeed in appeal. There is no possibility of coming this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

O n the other hand, learned Panel Lawyer for the respondent/State has

opposed the prayer for grant of bail to the appellant.

Considering the nature of sentence and contention of learned counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.9114/2022 is allowed. The execution of jail sentence of appellant- Golu is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellants be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the

trial Court on 26.09.2022 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for argument on admission after receipt of the record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) V. JUDGE

Vin**

Signature Not Verified SAN

Digitally signed by VINOD SHARMA Date: 2022.06.03 14:14:05 IST