Dhanraj vs The State Of Madhya Pradesh
2021 Latest Caselaw 1418 MP

                                   1                                 CRR-908-2021
           The High Court Of Madhya Pradesh
                      CRR-908-2021
               (DHANRAJ AND OTHERS Vs THE STATE OF MADHYA PRADESH)

2
Jabalpur, Dated : 08-04-2021
      Heard through Video Conferencing.
      Mr.Pradeep Naveria, learned counsel for the applicants.
      Mr.Atul Dwivedi, learned P.L. for the respondent/State.

Heard on the question of admission. The revision is admitted for hearing.

Let record of the courts below be called for. Considered I.A.No.4788/2021, an application for suspension of sentence on behalf of the applicants.

The applicants have been convicted by the impugned judgment dated 16.3.2021 passed in Criminal Appeal No.229/2013 by First Additional Sessions Judge, Gadarwara for offences under sections 323, 34 (in two counts), 325, 34 (in two counts) and 341 of Indian Penal Code and sentenced to undergo R.I. for 4 months, 8 months with fine of Rs.400/-, Rs.600/- and Rs.300/- with default stipulations respectively.

Learned counsel for the applicant submitted that the courts below have not properly appreciated the oral and documentary evidence on record. The impugned judgment is unsustainable and hence, deserves to be set aside. The applicants were on bail during trial. Therefore, their jail sentence be suspended.

Learned Panel Lawyer has opposed the prayer for suspension of jail sentence and grant of bail.

Considering that maximum sentence is of R.I. for 8 months and taking into account over all facts and circumstances of the case, without commenting on merits of the case, the application for suspension of sentence (I.A.No.4788/2021) is allowed.

It is directed that on depositing fine amount, if not already 2 CRR-908-2021 deposited, and furnishing a personal bond in the sum of Rs.35,000/- (Rupees Thirty Five Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial Court, for their appearance before the trial Court on 03.09.2021 and on all other subsequent dates, as may be fixed by the trial Court in this regard, the

remaining part of the substantive jail sentence imposed upon applicants, namely, Dhanraj, Rajesh & Devendra shall remain suspended during the pendency of this case and they shall be released on bail.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH T MAMTANI Date: 2021.04.08 18:18:58 IST