Madhya Pradesh High Court
Rajendra Kumar vs The State Of Madhya Pradesh on 21 April, 2022
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3351 of 2022
(RAJENDRA KUMAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 21-04-2022
Shri Satyam Agrawal, learned counsel for the appellants.
Shri Ashok Sinha, learned Government Advocate takes notice of the appeal
on behalf of the respondents/State. Now there is no need to issue further notice to
the respondents/State.
Heard on I.A. No.6305/2022, application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellants.
The appellants have been convicted under Sections 147 of the I.P.C. and sentenced to undergo R.I. for 1 year and fine of Rs.1000/-; Section 323/149 (2 counts) of IPC and sentenced to undergo R.I. for 3 months and fine of Rs.1000/- and Section 325/149 (2 counts) of IPC and sentenced to undergo R.I. for 1 year and fine of Rs.1000/- with default stipulations by 1st Additional Session Judge, Gadarwada, District Narsinghpur.
Learned counsel for the appellants has submitted that appellants have been released on bail by the trial Court itself till 30.04.2022. During trial, the appellants were on bail and they have not misused the liberty granted to them by way of bail.
It is submitted that if the appellants are not released on bail, the purpose of filing of this appeal would become futile as there is no possibility of coming of this appeal for hearing in near future. Therefore, it has been prayed that the appellants be released on bail.
T h e prayer is opposed by learned Government Advocate for the respondent/State.
Considering the short nature of sentence and contention of learned counsel for the appellants, I deem it proper to suspend the remaining jail sentence of the appellants because final hearing of this appeal is not possible in near future.
Accordingly, aforesaid I.A.No.6305/2022 is allowed. The execution of jail sentence of appellants-Rajendra Kumar, Dinesh Kumar Kaurav, Kranti Signature Not Verified SAN Kaurav, Kunwar Sahab Kaurav, Shiv Kumar Kaurav, Sardar Singh Kaurav, Sant Kumar Kaurav, Malgujar Kaurav and Sobran Kaurav is Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.04.22 15:03:52 IST 2 hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellants be released on bail on their furnishing a personal bond to a sum of Rs.40,000/- (Rupees forty thousand only) each 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 on 14.09.2022 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.
List the case for final hearing in due course as per listing policy. Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE anu Signature Not Verified SAN Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.04.22 15:03:52 IST