Nasir @ Bhaiya vs The State Of Madhya Pradesh
2022 Latest Caselaw 14251 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 2880 of 2021
                                            (NASIR @ BHAIYA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 03-11-2022
                                Mr. Saurabh Shrivastava, learned counsel for appellant.

                                Mr. Manas Verma, learned Govt. Advocate for the respondent/State.

Appellant has filed I.A. No.13818/2021, which second application for suspension of sentence and grant of bail.

First application filed by appellant was dismissed as withdrawn. Appellant had filed another application for grant of temporary bail on ground of

illness. Said application was also dismissed.

Appellant has been convicted under Sections 307 of the Indian Panel Code and Section 25 (1-B)(B) of the Arms Act and sentenced to undergo R.I. for 5 years and R.I. for 1 year with fine of Rs.1000/- and Rs.500/-, respectively with default stipulation by the impugned judgment dated 17.02.2021 passed by

5th Additional Sessions Judge, District-Bhopal in S.T. No.269/2019.

Learned counsel appearing for appellant submitted that appellant is in jail since 24.12.2018 to 01.07.2019 and thereafter, since 17.02.2021 he is in jail.

Appellant is in jail for more than two years. In this circumstance, he prayed for suspension of sentence and grant bail to the appellant.

Government Advocate appearing for the State opposed the application. Heard learned counsel for the parties.

Considering the fixed short term sentence of appellant, application (I.A.

No.13818/2021) for suspension of sentence is allowed, subject to

depositing fine amount as per the judgment of trial Court, if not already deposited. It is hereby directed that the custodial sentence awarded to the Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 11/4/2022 2:23:24 PM

appellant shall remain suspended 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 of the like amount to the satisfaction of the trial Court, for his appearance before the Registry on 21.12.2022 and on other dates as may be fixed in this regard till final disposal of this appeal.

C.C. as per rules.

(VISHAL DHAGAT) JUDGE

vkt

Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 11/4/2022 2:23:24 PM