High CourtsSingle Bench

Hem Singh vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 17 January 2024 · Citation: (2024) 01 MP CK 0079

HON’BLE JUDGES
Maninder S. Bhatti, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 325
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 861 Of 2024
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Judgment

9 paragraphs · 272 words

Maninder S. Bhatti, J

Heard on I.A. No.1122 of 2024, 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 325 of IPC and sentenced to undergo R.I. for 2 years with fine of Rs.2000/-, with default stipulation.

The counsel for the appellant submits that the maximum sentence awarded to the appellant is 2 years. The appellant is in custody since 4.12.2023 and disposal of this appeal would take considerable time, therefore, the custodial sentence of the appellant be suspended and he be released on bail.

The counsel for the State has opposed the prayer for bail.

Looking to the nature of offence and short term sentence awarded to the appellant, this Court deems it to be a fit case to suspend the custodial sentence of the appellant and to release him on bail, therefore, without commenting on the merits of the case, this application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 25.4.2024 and on such other dates as may be fixed by that Court in this regard during pendency of this appeal.

Let record of the trial Court be requisitioned.

List for admission after receipt of record.