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[Cites 3, Cited by 5]

Madhya Pradesh High Court

Chhotu @ Shubham Karade vs The State Of Madhya Pradesh on 18 December, 2018

                                 1                              CRA-9360-2018
        The High Court Of Madhya Pradesh
                   CRA-9360-2018
           (CHHOTU @ SHUBHAM KARADE Vs THE STATE OF MADHYA PRADESH)

1
Jabalpur, Dated : 18-12-2018

      Shri A.D. Mishra, learned counsel for the appellant.
     Shri Santosh Yadav, learned PL for the respondent / State.

Heard on the question of admission.

Record of the Trial Court be called for.

Also heard on I.A. No. 21090/2018 which is an application under Section 389(1) of the Cr.P.C. for suspension of jail sentence and grant of bail to the appellant during the pendency of this appeal.

The appellant has been convicted vide impugned judgment dated 27-11-2018 passed in SCATR/48/2013, under Sections 352 and 354 of the IPC and sentenced to suffer RI for one year & one year and to pay a fine of Rs. 500/- & Rs. 3000/- & Rs. 3000/- with default stipulation.

Learned counsel for the appellant submits that the trial court has already suspended the jail sentence of appellant till 26/12/2018. The appellant had deposited the fine amount. It is submitted by him that final disposal of this appeal would take considerable time. Hence, he prays for suspension of jail sentence and grant of bail to the appellant.

Learned P.L. opposed the application.

Looking to the facts and circumstances of the case as well as the fact that the trial court has already suspended the jail sentence of the appellant, the application is allowed and subject to depositing fine amount remaining jail sentence of the appellant is hereby suspended.

It is further directed that on furnishing a personal bond of Rs. 50,000/- (Rs. Fifty thousands only) along with one solvent surety of like amount to the satisfaction of Trial Court sentence of the appellant be suspended with further direction to appear before the Registry of this Court on 28/03/2019 and also on all subsequent dates as are fixed by the Registry in this regard till disposal of this appeal.

2 CRA-9360-2018 C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE MISHRA Digitally signed by ARVIND KUMAR MISHRA Date: 2018.12.18 04:20:35 -08'00'