Madhya Pradesh High Court
Lalan @ Lailan Basor vs The State Of Madhya Pradesh on 23 May, 2022
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 4571 of 2022
(LALAN @ LAILAN BASOR Vs THE STATE OF MADHYA PRADESH)
Dated : 23-05-2022
Shri Vinay Singh Baghel, learned counsel for the appellant.
Shri A.S. Baghel, learned Deputy Government Advocate for the
respondent/State.
I.A. No.9117/2022, application for urgent hearing during summer vacation stands allowed and disposed of.
Let the record of the Court below be requisitioned. Heard on I.A.No.9116/2022 for suspension of sentence and grant of bail under Section 389 (1) of Code of Criminal Procedure filed on behalf of appellant Lalan @ Lailan Basor.
A perusal of the judgment reveals that the appellant stands convicted under Section 326 of the IPC and has been sentenced to undergo rigorous imprisonment for a period of three years and fine of Rs.15000/- with default stipulation.
Learned counsel for the appellant submits that the appellant has been released on bail by the trial Court under Section 389 (3) of the Cr.P.C till 29.06.2022; therefore, it has been prayed that the jail sentence of the appellant be suspended.
Learned Deputy Government Advocate for the respondent/State on the other hand has opposed the application.
Keeping in view the facts and circumstances of the case in their entirety, particularly the quantum of sentence imposed upon the appellant and the fact Signature Not Verified SAN Digitally signed by VAISHALI AGRAWAL Date: 2022.05.26 11:16:37 IST that he has been released on bail by the trial Court under Section 389 (3) of the 2 Cr.P.C , in the opinion of this Court, this is a fit case for suspension of sentence and grant of bail to the appellants Consequently, I.A.No.9116/2022 for suspension of sentence and grant of bail filed on behalf of appellant is allowed.
It is directed that on depositing the fine amount, if not already deposited, and furnishing a personal bond in the sum of Rs.40,000/- with one solvent surety in the same amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 29.08.2022 and on all other subsequent dates as may be fixed by the Registry in this regard, the remaining part of the substantive jail sentence imposed upon the appellant shall stands suspended and he shall be released on bail.
Certified copy as per rules.
(PRAKASH CHANDRA GUPTA) V. JUDGE vai Signature Not Verified SAN Digitally signed by VAISHALI AGRAWAL Date: 2022.05.26 11:16:37 IST