Arjun vs The State Of Madhya Pradesh
2021 Latest Caselaw 8052 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                       Criminal Appeal No.7092/2021
                        (Arjun Malakar Vs. State of M. P.)
                                      -1-

Indore, dated 01/12/2021

         Mr. Vinod Thakur, learned counsel for the applicant.

         Ms. Harshlata Soni, learned Panel Lawyer for the respondent /

State.

Office to requisition the record of the Court below.

Heard on IA No.28994/2021, which is an application for

suspension of sentence on behalf of both the sole appellant.

Appellant has filed this appeal against the judgment dated

10/11/2021 passed by Special Judge under the Electricity Act, 2003,

District Barwaha, West Nimar (M.P.) in Special Case No.921/2012,

whereby the learned trial Court has convicted the appellant under

section 353 of the IPC and sentenced him to undergo RI for 03 months

with fine of Rs.10,000/- and under Section 294 of the IPC with fine of

Rs.1,000/- with further default stipulation.

Learned counsel for the appellant submits that the trial Court

has committed an error in appreciating the evidence and convicting

the appellant. The appellant was on bail during trial and he has never

misused the liberty granted by the Court. The jail sentence has been

suspended by the trial Court up to 08/12/2021. Hence, prayed for

suspension of sentence.

On the other hand, learned counsel for the respondent/State

opposed the prayer.

Considering the facts and circumstances of the case and the HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE Criminal Appeal No.7092/2021 (Arjun Malakar Vs. State of M. P.)

fact that this appeal is likely to take time for final hearing, the

application is allowed and it is directed that the jail sentence passed

against the appellant shall remain suspended and he shall be released

on bail upon his depositing the fine amount (if already not deposited)

and upon his furnishing personal bond in the sum of Rs.30,000/-

(Rupees Thirty Thousand Only) with separate solvent surety in the

like amount to the satisfaction of the trial Court for his appearance

before the Registry of this Court on 28/01/2022 and on such further

dates as may be fixed in this behalf by the Registry during the

pendency of this appeal.

With the aforesaid, IA stands disposed of.

List the matter in the month of January, 2022.

Certified copy as per rules.

(VIVEK RUSIA) JUDGE Tej Digitally signed by TEJPRAKASH VYAS Date: 2021.12.01 16:24:01 -08'00'