Madhya Pradesh High Court
Mithlesh vs The State Of Madhya Pradesh Thr on 16 September, 2021
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1 THE HIGH COURT OF MADHYA PRADESH CRA No.801/2017 (MITHLESH VS. STATE OF M.P.) Gwalior, Dated : 16/09/2021 Shri Aizaz Gouri, Counsel for the appellant. Shri A.K.Nirankari, Counsel for the State. Heard on I.A.No.22262/2021, this is first application for suspension of sentence and grant of bail to appellant. Conviction U/s Sentence Fine Default (in lieu of fine) Section 392 r/w 397 10 years RI 25,000/- 2 years RI of IPC It is submitted by the counsel for the appellant that out of the jail sentence of 10 years, the appellant is in jail from 12/10/2014 and he was not on bail during the trial. Thus, it is clear that he has completed actual jail sentence of seven years and after including his remission he has completed approximately eight and half years of sentence. The hearing of this appeal will take sufficiently long time.
Per contra, the appeal is vehemently opposed by the counsel for the State.
Considering the facts and circumstances of the case, the application for suspension of sentence is allowed. On furnishing the personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/CJM/Remand Magistrate (Whosoever is available), the remaining jail sentence shall remain suspended and the appellant 2 shall be released on bail.
This order shall remain in force, till the conclusion of the present appeal. In case of bail jump or violation of any of the conditions mentioned above, this bail order shall automatically lose its effect.
The appellant shall appear before the Registry of this Court on 13.12.2022 and on all other dates, which may be given by the Registry in this behalf.
(G.S. Ahluwalia) Judge Pj'S/-
Digitally signed by PRINCEE BARAIYA Date: 2021.09.16 17:10:59 -07'00'