Madhya Pradesh High Court
Chatriya vs The State Of Madhya Pradesh on 3 May, 2016
CRA-784-2014
(CHATRIYA Vs THE STATE OF MADHYA PRADESH)
03-05-2016
Ms. Sharmila Sharma, learned counsel for the appellant.
Shri S.Vyas, learned P.L., for respondent/State.
Heard on I.A.No.2535/2016 which is third application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant no.2-Nattu S/o Bobda. His first application was dismissed as withdrawn with liberty to file fresh application after six months. Second application was dismissed as withdrawn with liberty to file fresh application after half of the sentence awarded to him is over. The appellant suffered conviction and sentence as under:-
Conviction Sentence
Fine deposited Imprisonment
Section Act Imprisonment
details in lieu of fine
394/397 IPC 7 Years R.I Rs.500/- 2 months
457 IPC 5 years R.I. Rs.500/- 2 months
459 IPC 5 Years R.I. Rs.500/- 2 months
Report was called from the concerning jail authorities. The present appellant suffered total jail sentence of 3 years 9 months and 28 days out of the total 7 years of R.I. awarded to him.
Learned counsel for the appellant submits that his identification before the lower Court is doubtful. He has suffered more than half of the sentence and therefore he may be granted bail by this Court.
Learned counsel for the State opposes the application. Taking into consideration the facts and circumstances of the case and also the fact that he has undergone more than half of the sentence awarded to him, the application is allowed. It is directed that if the present appellant furnishes personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) and a solvent surety of the like amount to the satisfaction of the trial Court, and on depositing the fine amount, the remaining portion of the jail sentence of the appellant shall be suspended and he be released on bail for his appearance before the Registry of this Court on 28.07.2016 and thereafter on all subsequent dates as may be fixed by the Registry in this behalf.
C.C.as per rules.
(ALOK VERMA) JUDGE