1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 841 of 2023
(NARAYAN KUSHWAH AND OTHERS Vs THE STATE
OF MADHYA PRADESH)
DATED:24.01.2023
Shri Pallav Tripathi, learned counsel for the appellants.
Shri Pramod Pachouri, learned Public Prosecutor for the
respondent/State.
Shri Akhilesh Kumar Gupta, learned counsel for the complainant.
Heard on I.A.No.1010/2023, first application under Section 389 of Cr.P.C. filed by appellant No.1 Narayan Kushwah, appellant No.2 Rambabu alias Babu Kushwah, appellant No.3 Smt. Siya Kushwah and appellant No.4 Smt.Makhniya Kushwah.
Vide judgment dated 19.12.2022 passed by First Additional Sessions Judge, Karera, District Shivpuri in S.T.No.228/2018 by which the appellants have been convicted 2 and sentenced as under:
Section Sentence Fine In default stipulation 323/34 1 year Rs.500/- 1months RI of IPC R.I. each each each (each appellant ) 325/34 3year R.I. Rs.1,000 3 month R.I.
of IPC each of /- each each
(each appellant
appellant
The sentence of appellants have already been
suspended. Fine amount has already been deposited.
Therefore, appellants pray for grant of suspension of sentence.
Heard learned counsel for the parties at length.
Considering the aforesaid facts and circumstances of the case, without commenting anything on merits of the case, I.A.No.1010/2023 is allowed. Subject to verification of fine amount amount deposited by the appellants and on furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty five thousand only) each with one solvent 3 surety each in the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellants shall remain suspended and he shall be released on bail.
The appellants shall firstly appear before the Registry of this Court on 28.02.2023 and thereafter on all other subsequent date as may be fixed by the Registry in this regard, till disposal of this appeal.
C.C.as per rules.
(DEEPAK KUMR AGARWAL)
mani JUDGE
SUBASRI MANI
2023.01.25 11:17:39
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