Citation : 2024 Latest Caselaw 21486 MP
Judgement Date : 7 August, 2024
1 CRA-8557-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8557 of 2024
(ARVIND SINGH SENGAR AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 07-08-2024
Shri Ranjan Banerjee - Advocate for the appellants.
Shri Amit Pandey - Government Advocate for the respondent/State.
Appeal being arguable, is admitted for hearing. Record of the trial court be requisitioned.
Heard on I.A.No.18237 of 2024, which is an application under Section
389(1) of the Cr.P.C. on behalf of appellants for suspension of sentence and grant of bail.
The appellants assail the impugned judgment dated 16.07.2024 passed by learned Special Judge (Exclusive Court) SC/ST Act District Chhatarpur in SCAT No.118/2017; whereby the appellants have been convicted under Sections 325/34, 323/34 and 427 of IPC and sentenced to undergo R.I. for 1 year with fine of Rs.500/-, fine of Rs.100/- (on one count) and Rs.500/-( on three counts) and R.I. for 6 months with fine of Rs.500/- each respectively with default stipulations.
It is pointed out by the learned counsel for the appellants that the sentence of the appellants has already been suspended by the trial Court till 15.08.2024. It is, therefore, prayed that the remaining jail sentence of the appellants may be suspended and they be released on bail.
Per contra, learned counsel for the respondent/State has vehemently opposed the prayer.
2 CRA-8557-2024 Considering the fact that the trial Court has already suspended the sentence and there is no likelihood of early disposal of the appeal in near future, subject to verification of the fact that fine amount has already been deposited, this court is inclined to grant bail to appellants by way of suspension of sentence.
Accordingly, without expressing any opinion on the merits, I.A.No.18237 of 2024 is allowed and it is directed that the jail sentence of the appellants will remain under suspension subject to the verification that the amount of fine has been deposited, on the appellants furnishing bail bond of Rs. 50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of trial Court concerned for their
appearance before the Registry of this Court on 17.12.2024 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 of time at its own turn. Certified copy as per rules.
(VISHAL MISHRA) JUDGE
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