Madhya Pradesh High Court
Rambabu Tiwari vs The State Of Madhya Pradesh on 20 November, 2014
Cr.A. No.3199/2014
20/11/2014
Shri Amit Dubey, learned counsel for the appellants.
Shri P. Shroti, learned P.L. for the respondent/State.
Heard on the question of admission.
Appeal seems to be arguable, therefore, admitted for final hearing.
Record of the Court below be called for.
Learned counsel seeks to withdraw I.A. No.21875/2014 which is an application for stay of fine amount.
Accordingly, the I.A. stands dismissed as withdrawn. Also heard on I.A. No.21881/2014 which is an application for suspension of sentence and grant of bail to the appellants.
Appellants have been convicted for the charge under Section 436 read with 34 of the IPC and have been directed to undergo R.I. for 3 years and fine of Rs.10000/- with default stipulation.
Learned counsel for the appellants contends that the substantive jail sentence of the appellants have already been suspended by the trial Court upto 24.12.2014 and the appellants were on bail during trial and not misused the liberty. There is no likelihood of early hearing of this case in near future.
Without commenting on the merits of the case and on due consideration the nature of allegation against the appellants and other facts and circumstances of the case including the fact that early hearing of this appeal is not possible, the I.A. is allowed.
It is, therefore, directed that, if each one of the appellants namely Rambabu Tiwari and Sushma Tiwari furnishes a personal bond in the sum of Rs.25,000/- each with a separate surety in the like amount to the satisfaction of the trial Court for his/her appearance before the Registry of this Court on 13.2.2015 and on such subsequent dates as may be fixed in this regard, the sentence of imprisonment awarded to him/her shall remain suspended till further orders and he/she shall be released on bail.
It is made clear that only remaining jail sentence is suspended and trial Court is directed to ensure deposit of fine amount before release of appellants.
List the case for final hearing in due course. C.C. as per rules.
(J.K. Maheshwari) Judge PK