Citation : 2021 Latest Caselaw 8533 MP
Judgement Date : 9 December, 2021
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
Cr.A. No. 7363/2021
( Hargyan Dhakad & others Vs The State of M.P. )
(1)
Gwalior, dated : 09/12/2021
Shri B.K. Sharma, learned counsel for the appellants.
Shri Lokendra Shrivastava, learned Public Prosecutor for the
respondent-state.
Heard on the question of admission.
Appeal appears to be arguable hence it is admitted for final
hearing.
Heard on I.A.No 32829/2021, this is first application for
suspension of jail sentence and grant of bail moved by the appellants
is taken up and considered.
This Criminal appeal assails the judgment dated 11/11/2021
passed in S.T. No.500297/2015 by Third Additional Sessions Judge,
Shivpuri (M.P.) whereby the appellants have been convicted and
sentenced under Sections 325, 325/34 and 325/34 of the IPC for two
years RI, two years RI and one year RI with fine of Rs. 5000/-,
5000/- and 3000/- respectively with default stipulations.
Learned counsel for the appellants submits that sentence has
already been suspended by the trial court for a period of 45 days i.e.
22/12/2021 from the date of impugned judgment. The amount of fine
has already been deposited in the trial Court.
In view of the said facts and that there is no likelihood of early
disposal of the appeal in near future, this court is inclined to grant
bail to appellant by way of suspension of sentence.
Accordingly, without expressing any opinion on the merits, HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR
Cr.A. No. 7363/2021 ( Hargyan Dhakad & others Vs The State of M.P. )
I.A.No. 32829/2021 is allowed and it is directed that the jail sentence
of the appellants will remain under suspension subject to the
verification that the amount of fine has been deposited, on the
appellants furnishing bail bond of Rs. 50,000/- (Rs. Fifty
Thousand Only) each with one solvent surety each in the like
amount to the satisfaction of trial Court concerned for their
appearance before the Registry of this Court on 28/06/2022 and
thereafter on such other dates as may directed by the Registry of this
Court in this regard.
List the matter for final hearing in due course of time at its
own turn.
Certified copy as per rules.
(Vishal Mishra) Judge Prachi*
PRACHI MISHRA 2021.12.11 10:39:19 +05'30'
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