Madhya Pradesh High Court
Nitesh Patidar vs The State Of Madhya Pradesh on 14 February, 2022
Author: Satyendra Kumar Singh
Bench: Satyendra Kumar Singh
1 Cr.A.No.53/2022
(Nilesh and others Vs. State of M.P.)
Indore : Dated 14.2.2022
Shri Jitendra Sharma, learned counsel for the appellant.
Shri Sachin Jaiswal, learned Panel Lawyer for the
respondent/State.
Heard on I.A.No.1405/2022, an application for suspension of sentence and grant of bail to appellant no. 2 - Gajendra Singh @ Gajju.
The trial Court has convicted the appellant no. 2 - Gajendra Singh under Section 323 r/S Sec 34 of IPC and sentenced him to undergo R.I. six months (two counts) with fine of Rs.500/- with default stipulation vide judgment of conviction and order of sentence dated 27.12.2021 passed in S.T. No. 207/2018.
Learned counsel for appellant submits that the sentence of the appellant has already been suspended by the trial Court till 25.02.2022 to approach this Court by filing appeal. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of the bail to the appellant.
Learned counsel appearing for the respondent/State opposes the prayer for suspension of remaining jail sentence and grant of the bail to the appellant.
Looking to the short term of sentence and considering other facts and circumstances of the case, this Court is of the considered view that it is a fit case for suspension of the sentence and grant of bail to the appellant. Hence, without expressing any opinion on merits of the matter I.A.No.1405/2022 is allowed and jail sentence of the appellant shall remain suspended.
It is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along 2 Cr.A.No.53/2022 (Nilesh and others Vs. State of M.P.) with a solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 28.02.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.
I.A.No.1405/2022 is allowed.
List in due course.
C.C. as per rules.
(Satyendra Kumar Singh) Judge Patil Digitally signed by SHAILESH PATIL Date: 2022.02.14 17:12:30 +05'30'