Daya Ram Pal vs The State Of Madhya Pradesh
2021 Latest Caselaw 1503 MP

                                              1             CRA-2564-2021

              THE HIGH COURT OF MADHYA PRADESH

                           CRA-2564-2021
               (Daya Ram Pal & anr. Vs. The State of M.P.)

Gwalior, dated: 22.04.2021
         Shri D.S. Rajawat, learned counsel for the appellants.

             Shri   Arjun   Parihar,   learned    Panel    Lawyer    for   the

respondent/State.

Learned counsel for the rival parties are heard through video

conferencing.

Record of the court below be requisitioned.

This criminal appeal assails the judgment dated 01.04.2021

passed in S.T. No.167/2018 by Additional Sessions Judge Guna whereby

appellant-Daya Ram Pal and appellant-Kalli Pal have been convicted as

under: :-

                Section        Imprisonment      Fine
            326/34 of IPC     6 months R.I.      Rs.4000/- with default
                                                 stipulation
             I.A.No.11346/2021, 1st    application u/S. 389(1) Cr.P.C. for

suspension of sentence moved on behalf of appellant-Daya Ram Pal and

appellant-Kalli Pal is taken up.

It is informed that the impugned sentence which is of 6 months

is under suspension by order passed by the trial Court till 01.05.2021.

In view of above and looking to the special circumstances of

ongoing Covid-19 pandemic and since there is no hope of this appeal

coming up in the near future for final hearing, this Court is inclined to

grant bail to the appellants Pal by way of suspension of sentence.

Accordingly, without expressing any opinion on merits, I.A.

11346/2021 is allowed and it is directed that the jail sentence of appellant-

2 CRA-2564-2021

Daya Ram Pal and appellant-Kalli Pal will remain under suspension

subject to verification that the amount of fine has been deposited, on the

appellants' furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand

Only) each with two solvent sureties of the like amount to the

satisfaction of concerned available Magistrate for their appearance before

the concerned available Magistrate on 14.06.2021 and on such further

dates as may be fixed by him which shall be of frequency not less than

once in a year.

In case, appellants are found absent on any date fixed by the

concerned available Magistrate then the said Magistrate shall be free to

issue and execute warrant of arrest for securing their presence without

first referring the matter to this Court, provided the Registry of this Court

is kept informed.

Let the case be taken up for admission after receipt of record.

(Sheel Nagu) Judge ojha

YOGENDRA OJHA 2021.04.22 18:24:10 +05'30'