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Madhya Pradesh High Court

Lal Sahab @ Baba vs The State Of Madhya Pradesh Thr. on 11 August, 2015

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                       Cr.A. No. 686/2015

               (Lal Sahab & ors. Vs. State of M.P.)

11/08/2015
      Shri Atul Gupta, Advocate for the appellants.
      Shri Rajendra Singh Yadav, Public Prosecutor for the
respondent/State.

Heard on I.A. No. 6597/2015, an application for suspension of sentence filed under Section 389 of Cr.P.C. on behalf of the appellants No. 1 and 3 Lal Sahab and Sanjeev Singh respectively.

The appellants have been convicted by Additional Sessions Judge to Additional Sessions Judge, Sironj District Vidisha in Sessions Trial No. 100/2014 vide judgment dated 23.07.2015 under Section 323/34 of IPC (two counts) and sentenced to 1-1 year rigorous imprisonment with fine of Rs.500/- with default stipulation. Aggrieved by this, the appellants preferred this appeal.

On behalf of the appellants, it is submitted that the appellants were already on bail during trial. Fine amount has already been deposited. Their sentence has been suspended by the Trial Court for a limited period. The total period of sentence imposed is less than three years. On the above grounds, appellants prayed for bail.

Learned Panel Lawyer for the State opposed the application.

Considering the above facts, application is allowed and it is directed that the substantive jail sentence awarded to the appellants No. 1 and 3 shall remain suspended till the disposal of this appeal and he be released on bail on furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court for regular appearance before the Principal Registrar of this Court on 13.10.2015 and thereafter on such dates as may be fixed by the office for his presence during the pendency of this case.

Certified copy as per rules.

(S.K. Palo) Judge Abhi