Pappu @ Santosh vs The State Of Madhya Pradesh
2024 Latest Caselaw 5836 MP

Madhya Pradesh High Court

Pappu @ Santosh vs The State Of Madhya Pradesh on 26 February, 2024

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 2371 of 2024 (PAPPU @ SANTOSH Vs THE STATE OF MADHYA PRADESH)

Dated : 26-02-2024 Shri Ashish Kurmi - Advocate for the appellant.

Shri Sanjeev Singh Parihar - Panel Lawyer for the State.

Heard on I.A No. 4364/2024, which is an application for condonation of delay in filing this appeal.

Though counsel for State opposes the prayer; however, looking to the

contents of the application the I.A No. 4364/2024 is allowed and delay of 25 days in filing the appeal is condoned.

Call for the record of the Trial Court.

Heard on admission.

This appeal is admitted for final hearing. Heard on IA 4363/2024, an application under Section 389 (1) of the Cr.P.C. for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted under Sections 326 of the Indian Penal Code has been sentenced to undergo R.I. for 3 years on with fine of 1,000/-

with default stipulation by the learned II Addl. Sessions Judge, Sagar by judgment dated 23.11.2023 passed in S.T. No. 124/2018.

Learned counsel for the appellant submits that the appellant is in jail. It is further contended by the learned counsel that past record of the appellants is unblemished. Looking to the short term sentence awarded to the appellant he be released on bail.

On the other hand, learned Government Advocate has opposed the said bail application.

Considering the submissions and the fact that the appellant has been awarded short terms sentence of six months and also the fact that there are no past antecedents of the appellant, I.A.No.4363/2024 is allowed. The execution of jail sentence of appellant, namely, Pappu @ Santosh is hereby suspended subject to depositing of the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 29.04.2024 and also on such other dates, as may be fixed by that Court in this regard

during the pendency of this appeal.

List the case for final hearing in due course as per listing policy. Certified copy as per rules.

(MANINDER S. BHATTI) JUDGE

vivek