Madhya Pradesh High Court
Dadu @ Ankush vs The State Of Madhya Pradesh on 4 September, 2019
Author: Mohammed Fahim Anwar
Bench: Mohammed Fahim Anwar
1 CRA-7239-2019
The High Court Of Madhya Pradesh
CRA-7239-2019
(DADU @ ANKUSH Vs THE STATE OF MADHYA PRADESH)
3
Jabalpur, Dated : 04-09-2019
Shri Mukesh Kumar Pandey, learned counsel for the appellants.
Shri J.A.Shah, learned Government Advocate for
respondent/State.
Shri Arvind Tiwari, learned counsel for respondent No.2.
Heard on admission.
The appeal is admitted for final hearing.
As respondent is represented, no fresh notice is required to be issued to respondent.
Heard on I.A.No.16020/2019 an application for suspension of sentence and grant of bail to appellants.
T h e trial Court has convicted the appellant No.1 Dadu @ Ankush under Section 323 of IPC and sentenced to undergo R.I. for 3 months and to pay fine of Rs.1000/- and appellant No.2 Ankit under section 354 of IPC and sentenced to undergo R.I. for 1 year and to pay fine of Rs.1000/-, under section 354 of IPC and sentenced to undergo R.I. for 3 months and to pay fine of Rs.1,000/-, under section 323 of IPC and sentenced to R.I. for 1 year and to pay fine of Rs.1000/- and section 3(1)(11) of the SC/ST Act and sentenced to R.I. for 1 years and to pay fine of Rs.1000/-, with default stipulations.
Learned counsel for appellants submits that the fine amount has already been deposited and the sentence of appellants have been suspended by the trial Court till 05/09/2019. In view of aforesaid, learned counsel for the appellants prays for suspension of remaining jail sentence and grant of the bail to the appellants.
2 CRA-7239-2019 Looking to the short terms sentence, without expressing any opinion on the merits of the matter, I find it appropriate to suspend the jail sentence of appellants and to grant bail. Hence, without expressing any opinion on merits of the matter I.A.No.16020/2019 is allowed.
It is directed that remaining part of jail sentence of appellants shall remain suspended, on the appellants depositing the fine amount, ( i f already not deposited) and they shall be released on bail, on furnishing a personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) along with a solvent surety in the like amount each to the satisfaction of trial Court, for their appearance before the Registry of this Court on 05/11/2019, and on such other dates, as may be fixed by the Office in this regard, till final disposal of this appeal.
Accordingly, I.A.No.16020/2019 is allowed. The record of the Court below be called for. Certified copy today.
(MOHD. FAHIM ANWAR) JUDGE manju Digitally signed by MANJU CHOUKSEY Date: 2019.09.04 04:23:54 -07'00'