Madhya Pradesh High Court
Sawan vs The State Of Madhya Pradesh on 4 August, 2022
Author: Anjuli Palo
Bench: Anjuli Palo
1 IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 4828 of 2022 (SAWAN Vs THE STATE OF MADHYA PRADESH) Dated : 04-08-2022 Shri K.S. Rajput, learned counsel for the appellant.
Ms. Garima Tiwari, learned Panel Lawyer for the State. Record of the Court below be requisitioned. Heard on I.A. No.10316/2022, which is first application filed on behalf of the appellant for suspension of sentence and grant of bail.
The appellant has been convicted by the trial Court under Section 326 of IPC and sentenced to R.I. for 01 year with fine of Rs.1,000/-, with default stipulation.
Learned counsel for the appellant has submitted that the maximum sentence awarded to the appellant is one year. The trial Court has not properly appreciated the oral and documentary evidence available on record. Appellant is in jail and disposal of this appeal would take considerable time, therefore, the custodial sentence of the appellant may be suspended and he 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 offence, period of jail sentence awarded to the appellant, without commencing on the merits of the case, I deem it to be a fit case to suspend the custodial sentence of the appellant and to release him on bail, therefore, this application is allowed.
Signature Not VerifiedSAN I t is directed that subject to depositing the fine amount, if not already Digitally signed by RAJESH MAMTANI Date: 2022.08.04 18:43:05 IST deposited and on furnishing a personal bond in a sum of Rs.30,000/- (Rupees 2 Thirty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant-Sawan shall remain suspended and he shall be released on bail for securing his presence before the trial Court on 09.01.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.
The appellant shall regularly appear before the trial Court, on each and every date, without fail.
List this matter after four weeks on admission.
(SMT. ANJULI PALO) JUDGE rj Signature Not Verified SAN Digitally signed by RAJESH MAMTANI Date: 2022.08.04 18:43:05 IST