Madhya Pradesh High Court
Annu @ Anil vs The State Of Madhya Pradesh on 15 November, 2022
Author: Anjuli Palo
Bench: Anjuli Palo
1 IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 10300 of 2022 (ANNU @ ANIL AND OTHERS Vs THE STATE OF MADHYA PRADESH) Dated : 15-11-2022 Shri Jafar Khan, Advocate for the appellants.
Shri Purshottam Soni, Panel Lawyer for the State. Record of the Courts below be requisitioned. Heard on I.A. No.21127/2022, which is first application filed on behalf of the appellants for suspension of sentence and grant of bail.
The appellant No.1-Annu @ Anil has been convicted by the trial Court under Section 325/34 o f IPC and sentenced to R.I. for 03 years with fine of Rs.3,000/- and Section 324/34 o f IPC and sentenced to R.I. for 01 year with fine of Rs.1,000/- and appellant No.2-Gagan @ Banti has been convicted under Section 325/34 o f IPC and sentenced to R.I. for 03 years each with fine of Rs.3,000/- and Section 324 of IPC and sentenced to R.I. for 01 year with fine of Rs.1,000/- respectively, with default stipulations.
Learned counsel for the appellants has submitted that the maximum sentence awarded to the appellants is 03 years. The jail sentence of the appellants is suspended till 05.12.2022 by the trial Court itself as mentioned in their application. Disposal of this appeal would take considerable time, therefore, the custodial sentence of the appellants may be suspended and they may be released on bail.
Learned Panel Lawyer has opposed the prayer for bail. Although record is not available, however, looking to the nature of Signature Not Verified SAN offence, period of jail sentence awarded to the appellants, without commenting Digitally signed by RAJESH KUMAR JYOTISHI Date: 2022.11.15 18:24:34 IST on the merits of the case, I deem it to be a fit case to suspend the custodial 2 sentence of the appellants and to release them on bail, therefore, this application is allowed.
I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond each in a sum of Rs.40,000/- (Rupees Forty Thousand only) each with one surety each in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellants shall remain suspended and they shall be released on bail for securing their presence before the trial Court on 15.03.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.
The appellants shall regularly appear before the trial Court, on each and every date, without fail.
List this matter after three months on admission.
(SMT. ANJULI PALO) JUDGE rj Signature Not Verified SAN Digitally signed by RAJESH KUMAR JYOTISHI Date: 2022.11.15 18:24:34 IST