Madhya Pradesh High Court
Abhay Pratap Singh Chauhan vs The State Of Madhya Pradesh on 28 June, 2017
CRA-2395-2017
(ABHAY PRATAP SINGH CHAUHAN Vs THE STATE OF MADHYA PRADESH)
28-06-2017
Shri Siddharth Singh, learned counsel for the appellant.
Smt. Shobhna Sharma, learned PL for the respondent/State.
Appellant's counsel heard on the point of admission of this appeal.
The appellant has been convicted and sentenced by the Additional Sessions Judge, Teonthar, District-Rewa vide judgment dated 03.06.2017 under Section 435 of the IPC to undergo two years RI with a fine of Rs. 5,000/- with default stipulation.
The case is admitted for final hearing.
The record of the trial Court be requisitioned. Appearing PL for the respondent/State has appeared, therefore, no notice is required to be issued to respondent/State.
Appearing counsel for the parties also heard on I.A. No. 12296/2017 filed under Section 389 of the Cr.P.C. for suspension of jail sentence of the appellant awarded by the trial Court.
It has been submitted by the appellant's counsel that appellant remained bailed out during trial and his above-mentioned jail sentence has already been suspended by the trial Court itself till 05.07.2017 and the fine amount has already been deposited. Hence, it is prayed that suspension of his jail sentence be granted.
The above-mentioned prayer has been opposed by the appearing PL for the respondent /State.
Appellant has been sentenced by the trail Court under Section 435 of the Cr.P.C. for a period, which is less than three years and jail sentence has already been suspended by the trial Court.
In view of the above-mentioned facts and circumstances I.A. No. 12296/2017 is allowed and it is ordered that on furnishing a personal bond of Rs. 25,000/- by the appellant Abhay Pratap Singh Chauhan with a solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance firstly before the Registry of this Court on 05.09.2017 and on such subsequent dates as may be fixed by the office for the same purpose, his above-mentioned jail sentence is suspended and he be released on bail.
List this criminal appeal for final hearing in due course. C.C. as per rules.
(ASHOK KUMAR JOSHI) JUDGE kundan