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SUPREME COURT OF INDIA
D.K. JAIN, ASOK KUMAR GANGULY, JJ.
Jwala Prasad - Appellant
Versus
State of Chhatisgarh & Ors. - Respondent
Crl.Mp.No. 23685 of 2009 In Criminal Appeal No. 1609 of 2010
Decided On : 19-08-2011
Bail - Suspension of Sentence - Chhattisgarh - The court suspended the sentence awarded to the applicant and directed his release on bail till the disposal of the appeal, subject to certain conditions.
Fact of the Case:
The applicant had undergone an actual sentence of about two years as per the Jail Custody Certificate.
Finding of the Court:
The court suspended the sentence and directed the release of the applicant on bail, considering the time served and pending appeal.
Issues: Application for suspension of sentence and grant of bail.
Ratio Decidendi: The court considered the time served by the applicant and the pending appeal before deciding to suspend the sentence and grant bail.
Final Decision: The court disposed of the application by suspending the sentence and directing the release of the applicant on bail, subject to certain conditions.
ORDER :
1. CRL.M.P.NO.23685/2009 IN CRL. A. NO. 1609/2010
2. Despite service, no one appears for the State of Chhattisgarh to oppose the application.
3. Having perused the Jail Custody Certificate placed on record by the applicant, which shows that as on 28th August, 2010, the applicant had undergone actual sentence of about two years, we suspend the sentence awarded to the applicant and direct that he be released on bail till the disposal of this appeal, subject to his furnishing a personal bond in the sum of Rs.15,000/- with one surety in the like amount to the satisfaction of the trial Court. The appellant shall not leave the territorial jurisdiction of the trial Court without its prior permission.
4. The Crl.M.P. stands disposed of accordingly.
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