Citation : 2022 Latest Caselaw 3003 MP
Judgement Date : 3 March, 2022
1
The High Court Of Madhya Pradesh
CRA No. 1097 of 2022
(RAHUL Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Indore, Dated : 03-03-2022
Shri Sapnesh Jain, learned counsel for the appellant .
Shri Rajesh Joshi, learned Dy. Govt. Advocate for the respondent/ State.
Appeal is admitted for hearing.
Heard on I.A.No.1564/2022, an application for suspension of sentence and grant of bail to appellant.
The trial Court has convicted the appellant under Section(s) 354(B) and
354(C) of IPC and sentenced him to undergo R.I. for three years and 1 year respectively with fine of Rs. 2,000 in each with default stipulation vide judgment of conviction and order of sentence dated 18.01.2022 passed in Spl. No. 48/2020.
Learned counsel for appellants submits that the sentence of the appellant has already been suspended by the trial Court till 16.03.2022 to approach this Court by filing appeal. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of the bail to the appellants.
Learned counsel appearing for the respondent/State opposes the prayer for
suspension of remaining jail sentence and grant of the bail to the appellants.
Looking to the short term of sentence and considering other facts and circumstances of the case, this Court is of the considered view that it is a fit case for suspension of the sentence and grant of bail to the appellants. Hence, without expressing any opinion on merits of the matter I.A.No 1564/2022 is allowed and jail sentence of the appellants shall remain suspended.
I t is directed that subject to depositing the fine amount, if already not deposited, they shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each along with a solvent surety in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 07.04.2022, and on such other dates, as may be Signature Not Verified SAN fixed by the Registry in this regard, till final disposal of this appeal. Digitally signed by SEHAR HASEEN Date: 2022.03.04 15:27:38 IST I.A.No.1564/2022 is allowed.
Let record of the trial Court be called for.
List in due course.
C.C. as per rules.
(SATYENDRA KUMAR SINGH) JUDGE
sh
Signature Not Verified SAN
Digitally signed by SEHAR HASEEN Date: 2022.03.04 15:27:38 IST
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