Gorelal Vishwakarma vs The State Of Madhya Pradesh
2021 Latest Caselaw 1466 MP

                                  1                             CRA-2214-2021
        The High Court Of Madhya Pradesh
                   CRA-2214-2021
        (GORELAL VISHWAKARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

1
Jabalpur, Dated : 09-04-2021
      Heard through Video Conferencing.
      Shri P.S. Gaharwar, learned counsel for the appellants.
      Shri Atul Dwivedi, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

The appeal seems to be arguable, therefore, admitted for hearing.

Also heard on I.A. No.5270/2021 which is second application for suspension of sentence filed on behalf of appellants.

T he appellant No.1 has been convicted by the impugned judgment dated 19.03.2021 passed in S.T. No.144/2015 by the IVth Additional Sessions Judge, Rewa for offence under Sections 326 and 323/34 of the I.P.C. and sentenced to undergo R.I. for 3 years with fine of Rs.2500/- and S.I. for 6 months, with default stipulations. Whereas, appellant No.2 & 3 have been convicted by the impugned judgment for offence under Sections 326/34 and 323 of the I.P.C. and sentenced to undergo R.I. for 3 years with fine of

Rs.2500/- each and S.I. for 6 months each, with default stipulations.

Learned counsel for the appellants submits that the maximum sentence awarded to the appellants is of three years. It is also submitted that jail sentence of the appellants has been suspended by the trial Court till 18.04.2021. Final disposal of this appeal would take considerable time, hence, the substantive jail sentence of the appellants be suspended and they be released on bail.

Learned Panel Lawyer for the State has vehemently opposed application for suspension of sentence.

Considering the facts and circumstances of the case and the period of sentence awarded to the appellants, without commenting upon the merits of the case, I.A. No.5270/2021 is allowed.

2 CRA-2214-2021 I t is directed that on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial Court, the remaining part of the substantive jail sentence imposed upon appellants namely Gorelal Vishwakarma, Vinod Vishwakarma and Suresh Vishwakarma s hall remain

suspended during the pendency of this case and they shall be released on bail. Appellants shall appear before the concerned trial Court on 06.09.2021 and on all such subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Record of the Court below be requisitioned. List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

rj

Signature Not Verified SAN

Digitally signed by RAJESH KUMAR JYOTISHI Date: 2021.04.09 17:02:33 IST