Kamal Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8829 MP

                                     1                             CRA-7370-2021
         The High Court Of Madhya Pradesh
                  CRA No. 7370 of 2021
                    (KAMAL SINGH Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 14-12-2021
        Shri M.L. Yadav, Counsel for the appellant.

        Shri Anil Shukla, Public Prosecutor for the respondent/ State.

Heard on admission.

Call for the record of the trial Court. Appeal being arguable, is admitted for final hearing.

Also heard on IA No.33360/2021, first application under Section 389 of CrPC filed on behalf of appellant for suspension of sentence and grant of bail.

Vide judgment dated 25/11/2021 passed by Sessions Judge, Bhind in Sessions Trial No.1500209/2016, the appellant has been convicted under Section 324 of IPC and Sec. 25(1-kha)(ka) of Arms Act and sentenced to undergo for two years' and two years rigorous imprisonment with fine of Rs.1000/- and Rs.1000/- respectively, with default stipulation.

It is submitted by counsel for the appellant that the appellant was on

bail during trial and did not misuse the liberty granted to him. Fine amount has already been deposited by the appellant.

On the other hand, the application is opposed by the State Counsel. Considering the aforesaid facts and circumstances of the case, without commenting anything merits of the case, the application for suspension of sentence is allowed. Subject to verification of fine amount amount deposited by the appellant and on furnishing a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court/CJM/Remand Magistrate (whosoever is available) the remaining jail sentence of the appellant shall remain suspended and he shall be released on bail.

This order shall remain in force till conclusion/final disposal of the present appeal.

2 CRA-7370-2021 The appellant shall now appear before the Registry of this Court on 25th March, 2022 and on all other subsequent dates as may be fixed by the Registry in this regard.

CC as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

(LJ*) LOKENDRA JAIN 2021.12.15 10:37:07 +05'30'