Shrilal vs State Of M.P.
2022 Latest Caselaw 8067 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                             CRA No. 615 of 2009
                        (SHRILAL AND OTHERS Vs STATE OF M.P.)

Dated : 20-06-2022
      Shri Anand Gupta, learned counsel for the appellants.

      Shri K.S. Tomar, learned Public Prosecutor for the respondent-State.

I.A.No.7316/2022, an application for urgent hearing is taken up, considered and allowed for the reasons mentioned therein.

Heard I.A.No.7318/2022, this is third application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of

appellant No.2-Ramvilas This Criminal Appeal assails the judgment dated 28/08/2009 passed in ST No. 226/2008 passed by Additional Sessions Judge, Chachouda, District Guna (M.P.) whereby, appellants stand convicted under Sections 435/34 of the IPC and sentenced them undergo to 3-3 years rigorous imprisonment with fine of Rs. 250-250/- each in default stipulation.

Learned counsel for the appellants submits that appellant No.2-Ramvilas had been granted benefit of suspension of jail sentence vide order dated 22/08/2014 then he remained failed to appear before this Court as directed by

the Registry. Now, he assures that he will remain present before the trial Court as and when directed. It is further submitted that the fine amount has already been deposited by the appellant. There are omissions and contradictions in the statement recorded before the Trial Court. Final hearing of this appeal will take long time. Hence, prayed to suspend the jail sentence and grant of bail to the appellant.

Learned State counsel has vehemently opposed the application and

prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A.No. 7318/2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant No.2-Ramvilas shall remain suspended and he be released on bail. The appellant is further directed to mark

his appearance before the concerned Trial Court on 05/09/2022 and thereafter on subsequent dates given by the concerned Court in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Monika MONIKA SHARMA 2022.06.21 11:16:57 +05'30'