Madhya Pradesh High Court
Kamrudeen vs The State Of Madhya Pradesh on 9 January, 2015
Cr. A. No. 3542/2014.
1
09/01/2015
Shri Akhilesh Singh, learned counsel for appellants.
Shri V.K. Pandey, learned Panel Lawyer for the
respondent-State.
Heard on the question of admission.
Having perused the record, this appeal appears to be arguable. Hence, the same is admitted for final hearing.
Learned Panel Lawyer has taken notice of this admission. Hence, no further notice is required.
Record of the Trial Court is received.
Also heard on I.A. No. 24246/2014, which is an application under Section 389 (ii) of the Cr.P.C. for suspension of jail sentence and grant of bail to the appellants during the pendency of this appeal.
Vide impugned judgment dated 21/11/2014 passed in Sessions Trial No.138/2011, State of MP. through Police Station-Jawa, District- Rewa Vs. Smt. Najrunnisha & others by the Court of V Additional Sessions Judge, Rewa, appellant no.1 stands convicted under Section 323 of the IPC on two counts and each count sentenced to suffer one year's RI for and to pay a fine of Rs. 1000/- with default stipulations; appellant nos. 2 and 3 stand convicted under Section 323 of the IPC and each of them sentenced to suffer one year's RI and to pay a fine of Rs. 1000/- with default stipulations.
Learned counsel for the appellants submits that the trial court has already suspended the jail sentence of appellants till 02/01/2015. The appellants had deposited the fine amount. The appeal would take considerable time to Cr. A. No. 3542/2014.
2dispose of finally. Hence, he prays for suspension of jail sentence and grant of bail to the appellants.
Learned counsel for the State opposes the application. On due consideration of the contentions advanced by the learned counsel on behalf of the parties along with the fact that trial Court has already suspended the jail sentences of the appellants, but, without commenting upon the merits of the case, I am of the view that it is a fit case for suspension of jail sentences and grant of bail to the appellants, therefore, the application is allowed. The execution of remaining jail sentences of the appellants are hereby suspended and it is ordered that they shall be released on bail subject to depositing the fine amount, if any, and furnishing 'each' a personal bond in the sum of Rs. 15,000/- (Rupees Fifteen Thousand only) with one solvent surety in the like amount to the satisfaction of concerned court for their appearance before the Registry of this Court on 23/02/2015 and thereafter, on such dates, which shall not be less than the period of three months, as may be fixed by it in this regard, until further orders.
List the case for final hearing in due course. Certified copy as per rules.
(RAJENDRA MAHAJAN) JUDGE AKM