Saddu @ Sadik vs The State Of Madhya Pradesh
2022 Latest Caselaw 13914 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 9443 of 2022
                                       (SADDU @ SADIK AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 28-10-2022
                               Shri Ashish Kumar Tiwari, learned counsel for the appellants.

                               Shri Manoj Jha, learned Panel Lawyer for the respondent/State.

Call for the record of the trial Court.

Heard on I.A. No.19858/2022, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellants pending the appeal.

Appellants have been convicted for commission of offence under Sections 394/34 and 323/34 of IPC and have been sentenced to undergo 3 years RI and fine of Rs.10,000/- and 6 months RI and fine of Rs.500/- each with default stipulations vide judgment dated 28.09.2022 passed by II ASJ Nasrullaganj District Sehore (M.P.) Learned counsel for the appellants has submitted that appellants have been released on bail by the learned trial Court till today i.e. 28.10.2022. During trial, appellants were on bail and have not misused the liberty granted to them by way of bail. The appellants have fair chance to succeed in the appeal.

Therefore, if the appellants are not released on bail, the purpose of filing this appeal would become futile as there is no possibility of coming this appeal for hearing in near future. Therefore, it has been prayed that the appellants be released on bail pending the appeal.

The prayer is opposed by learned Panel Lawyer for the respondent/State. Considering the short nature of sentence and contention of learned counsel for the appellants, I deem it proper to suspend the remaining jail Signature Not Verified Signed by: BIJU BABY Signing time:

10/29/2022 12:24:15 PM

sentence of the appellants.

Consequently, I.A. No.19858/2022 is allowed. The execution of jail sentence of appellants- Saddu @ Sadik, Sultan Shah and Ajay Lowansi is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 16.12.2022 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

b

Signature Not Verified Signed by: BIJU BABY Signing time:

10/29/2022 12:24:15 PM