Citation : 2024 Latest Caselaw 6094 MP
Judgement Date : 28 February, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2527 of 2024
(DASHRATH RAHANGDALE AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 28-02-2024
Shri Vishal Daniel- Advocate for the appellants.
Shri S.K. Kashyap - Government Advocate for the respondent-State.
Heard on I.A. No. 4774 of 2024 application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail appellant no. 2-Vinod Pancheshwar arising out of judgment dated 30.01.2024 delivered in S.T.
No.160 of 2017 passed by IInd Additional Sessions Judge to the Court of Ist Additional Session Judge, Seoni.
The appellant no.2 has been convicted and sentenced for the offence punishable under Section 201 of IPC and sentenced to undergo R.I. for two years with fine of Rs. 200/- & under Section 25 (1B)(A) of Arms Act and sentenced to undergo R.I. for three years with fine of Rs. 300/- with default stipulations.
Learned counsel for the appellant no. 2 submits keeping in view the short sentence, the trial court itself was kind enough to keep in abeyance the jail
sentence till 14.03.2024.
T h e prayer is opposed by learned learned Government formally opposed the prayer.
Considering the short sentence and bleak chances of final hearing in near future, without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant no.2.
Accordingly, I.A. No. 4774 of 2024 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of this appellant no.2 is hereby suspended and it is directed that appellant no. 2-Vinod Pancheshwar be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty 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, Seoni on 29.04.2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.
Appeal is admitted for hearing.
Record of the trial court be requisitioned.
Certified copy as per Rules.
(SUJOY PAUL) (VIVEK JAIN)
JUDGE JUDGE
MISHRA
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