Ramkumar Kushwah vs The State Of Madhya Pradesh
2021 Latest Caselaw 8830 MP

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              The High Court of Madhya Pradesh
                                                        Cr.A.No.7583/2021

          (Ramkumar Kushwah & Ors. Vs. State of M.P.)

Gwalior dated 14.12.2021

      Shri Rajiv Budholiya, learned counsel for the appellants.

      Shri Shiraz Qureshi, learned Public Prosecutor for the

respondent/State.

Heard on admission.

Appeal being arguable is admitted for final hearing.

Record of the trial Court be called for.

Also Heard on IA.No.33138/2021, first application u/Sec. 389(1)

of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of

appellants.

This criminal appeal has been filed against the judgment dated

24.11.2021 passed in Spl. Sessions Trial No.200080/2016 by the

Special Judge, Distt. Datia, convicting the appellants under Section 323

of IPC and Section 3(2)(V-a) of the Scheduled Castes & Scheduled

Tribes (Prevention of Atrocities) Act, 1989 and sentencing them to

suffer six months R.I. with fine of Rs.1,000/- for each of the offences.

It is submitted by learned counsel for the appellants that sentence

of the appellants has been suspended for a period of one month by the

trial Court itself. Amount of fine has been deposited by them. During

trial the appellants were on bail, however, they did not misuse the

liberty so granted. Final hearing of the appeal will take time. Therefore,

prayer for suspension of sentence has been made looking to the short

term of sentence.

The High Court of Madhya Pradesh Cr.A.No.7583/2021

Learned counsel for the State opposed the application and prayed

for its rejection.

Considering the facts and circumstances of the case, but without

commenting upon merits of the case, IA.No.33138/2021 is allowed

and it is directed that jail sentence of appellants will remain under

suspension subject to verification that amount of fine has been

deposited, on appellants' furnishing bail bond of Rs.25,000/- (Rupees

Twenty Five Thousand Only) each with one solvent surety each of

the like amount to the satisfaction of concerned Trial Court for their

appearance before the Principal Registrar of this Court on 21st March,

2022 and on such further dates as may be fixed by the office in this

regard till disposal of the appeal.

C.c. as per rules.

(Deepak Kumar Agarwal) Judge ms/-

MADHU SOODAN PRASAD 2021.12.14 17:55:19 +05'00'