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Madhya Pradesh High Court

Drone Kumar Sinha vs The State Of Madhya Pradesh on 11 December, 2018

      THE HIGH COURT OF MADHYA PRADESH
               Criminal Appeal No. 9215/2018
Jabalpur, Dated 11.12.2018
      Shri Anurag Gohil, learned counsel for the appellant.
      Shri Deependra Mishra, learned Govt. Advocate for the
respondent/State.

Heard on admission.

The appeal is admitted for final hearing. Let record of the trial Court be called for. Also heard on I.A. No. 20714/2018 filed by the appellant under Section 389(1) of the Cr.P.C. for suspension of his jail sentence and grant of bail.

The appellant-accused has filed this appeal against the conviction and sentence dated 29.11.2018 passed by the Vth Additional Sessions Judge, Bhopal in S.T. No.84/2015 whereby convicting the appellant/accused under Section 384 of the I.P.C. and sentencing to undergo R.I. for 1 year and fine of Rs.1,000/-, with default stipulations as mentioned in the impugned judgment.

Learned counsel for the appellant submits that the finding of the trial Court is contrary to law. The disposal of the appeal will take time. There is a fair chance to succeed in the appeal. It is further submitted that the learned trial Court has already granted bail to the appellant till 28.12.2018. Hence prayed that sentence be suspended and he be enlarge on bail.

In the circumstances, it is ordered that subject to payment of fine amount, if not already deposited, the execution of the jail sentence of the appellant shall remain suspended till further orders and he be released on bail on furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his further appearance before the trial Court on 26.04.2019 and on all dates as may be fixed by the trial Court.

I.A. No.20714/2018 stands disposed of. List the matter for final hearing in due course. Certified copy as per rules.

(Vishnu Pratap Singh Chauhan) Judge ashish Digitally signed by ASHISH KUMAR LILHARE Date: 2018.12.12 15:14:43 +05'30'