Madhya Pradesh High Court
Mogha Singh @ Rajbahadur Singh vs The State Of Madhya Pradesh on 22 November, 2018
1
HIGH COURT OF MADHYA PRADESH
Cr.A.No.8780/2018
(MOGHA SINGH @ RAJBAHADUR SINGH Vs THE STATE OF MADHYA PRADESH)
Jabalpur, dated:22.11.2018
Shri Hitendra Golhani, learned counsel for the appellant.
Shri Vivek Mishra, learned Government Advocate for the
respondent/State.
Heard on admission.
Admit.
Call for the record of the Courts below. Learned Government Advocate for the respondent/State accepts notice on behalf of the respondent/State; as such, no further notice is required Heard on I.A.No.19744/2018 for suspension of sentence and grant of bail filed on behalf of appellant Mogha Singh @ Rajbahadur Singh.
A perusal of the judgment of the trial Court reveals that appellant stands convicted under Section 354 of the IPC (two counts) and has been sentenced to undergo rigorous imprisonment for a period of one year and fine in the sum of Rs. 2,000/- 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 Code of Criminal Procedure till 30.11.2018; therefore, it has been prayed that the appellant be released on bail.
Learned Government Advocate for the respondent/State on the other hand has opposed the application.
However, keeping in view the fact that appellant has already been released on bail by the trial Court under 2 HIGH COURT OF MADHYA PRADESH Cr.A.No.8780/2018 (MOGHA SINGH @ RAJBAHADUR SINGH Vs THE STATE OF MADHYA PRADESH) Section 389(3) of the Code of Criminal Procedure, it would be appropriate to release him on bail under Section 389(1) of the Code of Criminal Procedure as well.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the applicant, but without commenting on the merits of the case, I.A.No.19744/2018 for suspension of sentence and grant of bail filed by the 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 11.04.2019 and all other subsequent dates fixed by the Registry in this regard, the remaining part of the substantive jail sentence imposed upon the appellant shall stand suspended and he shall be released on bail.
Certified copy as per rules.
(Vishnu Pratap Singh Chauhan) JUDGE vai Digitally signed by VAISHALI AGRAWAL Date: 2018.11.22 03:41:30 -08'00'