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2022 DIGILAW 1449 (MP)

Nausad Khan v. State of Madhya Pradesh

2022-12-08

ANJULI PALO

body2022
JUDGMENT Anjuli Palo, J. - Record of the Courts below be requisitioned. 2. Heard on I.A. No.23163/2022, which is first application filed on behalf of the appellants for suspension of sentence and grant of bail. 3. Being aggrieved by the order dated 21.11.2022 passed by learned Seventh Additional Sessions Judge, Rewa (M.P.) in S.T.No.500348/2011 whereby the appellants have been convicted by the trial Court under Section 323/34 (02 counts) of IPC each and sentenced to R.I. for 01 year each with fine of Rs.1000/- each respectively, with default stipulations. 4. Learned counsel for the appellants has submitted that the maximum sentence awarded to the appellants is 01 year. The jail sentence of the appellants is suspended till 20.12.2022 by the trial Court as mentioned in their application. Disposal of this appeal would take considerable time, therefore, the custodial sentence of the appellants may be suspended and they may be released on bail. 5. Learned Government Advocate 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 appellants, without commenting on the merits of the case, I deem it to be a fit case to suspend the custodial sentence of the appellants and to release them on bail, therefore, this application is allowed. 6. It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond each in a sum of Rs.30,000/-(Rupees Thirty Thousand only) each with one surety each in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellants shall remain suspended and they shall be released on bail for securing their presence before the trial Court on 04.05.2023 and on such other dates as may be fixed in this regard during pendency of this appeal. 7. The appellants shall regularly appear before the trial Court, on each and every date, without fail. 8. List the matter after three months for admission.