Bablu Thakur vs The State Of Madhya Pradesh
2022 Latest Caselaw 3608 MP

                                                                             1
                                                The High Court Of Madhya Pradesh
                                                         CRA No. 1524 of 2021
                                                          (BABLU THAKUR Vs THE STATE OF MADHYA PRADESH)

                                     Jabalpur, Dated : 14-03-2022
                                           Shri J.L.Soni, learned counsel for the appellant.

                                           Shri Ajay Shukla, learned Government Advocate for the respondent/State.

Heard on I.A.No.2074/2022, this is the second application for suspension of jail sentence and grant of bail on behalf of the appellant. Earlier application was dismissed as withdrawn vide order dated 27.07.2021.

This Criminal appeal assails the judgment dated 05.02.2021 passed in S.T.

No.100239/2014 by First Upper Sessions Judge, Begumganj, District Raisen, whereby the appellant has been convicted and sentenced under Section 394 of Indian Penal Code to undergo rigorous imprisonment for five years with fine Rs.5,000/- with default stipulations.

Counsel appearing for the appellant submits that the case of the present appellant is exactly identical to that of the other co-accused Udayjeet Gaur. He has further drawn attention of this Court to the fact that there is no recovery of currency notes from the possession of the present appellant. It is argued that the other co-accused Udayjeet Gaur and others have been granted bail by the court

vide order dated 07.03.2022 passed in Cr.A.No.1339/2021. There is no likelihood of early hearing of the appeal, therefore, he prayed for grant of bail.

Counsel appearing for the State has vehemently opposed the application and prays for its rejection but he could not dispute the factum of parity claimed by the appellant to that of the other co-accused Udayjeet Gaur.

Considering the overall facts and circumstances of the case,without commenting upon the merits of the case, this Court deem it appropriate to allow the application.

Accordingly I.A.No.2074/2022 is allowed.

It is directed that the jail sentence of the appellant shall remain suspended

subject to the verification that the amount of fine have been deposited, on the appellant furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) Signature Not Verified SAN

Digitally signed by SHALINI LANDGE Date: 2022.03.15 11:49:18 IST with one solvent surety in the like amount to the satisfaction of trial Court

concerned for their appearance before the Registry of this Court on 10.08.2022 and thereafter on such other dates as may directed by the Registry of this Court in this regard.

List the matter for final hearing in due course.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE

Sha

Signature Not Verified SAN

Digitally signed by SHALINI LANDGE Date: 2022.03.15 11:49:18 IST