Citation : 2021 Latest Caselaw 8943 MP
Judgement Date : 17 December, 2021
1 CRA.2655/2021
The High Court Of Madhya Pradesh
CRA No. 2655 of 2021
(BADAM SINGH AND OTHERS Vs STATE OF MP)
Gwalior, Dated:17.12.2021
Shri Vijay Singh Kushwah, learned counsel for the appellants.
Shri Khoushalendra Singh Tomar, learned Public Prosecutor for
the respondent/State.
Heard on I.A.No.27179/2021 under Section 389 of Cr.P.C. filed
by appellant No.3 Gokul Bai, an second application for suspension of
sentence and grant of bail. First application was granted for a period
of 90 days vide order dated17.05.2021.
Vide judgment dated 04.03.2020 passed by learned Second
Additional Sessions Judge, Ashok Nagar(M.P.) in S.T.No.196/2014,
the appellant has been convicted and sentenced as under:
Section Sentence Fine In default stipulation 324/34 of One-One Rs.500- 6 months IPC(two year's RI 500/-
counts)
323/34 of Six-six Rs.200- 3 months
IPC months' RI 200/-
It is submitted by the appellant that the appellant that fine
amount has already been deposited. Conclusion of the trial will take
time. Therefore,he prays for grant suspension of sentence.
Learned counsel for the State is opposed the application and
prayed for
Heard learned counsel for the parties at length.
In view of the aforesaid and considering the facts and 2 CRA.2655/2021
circumstances of the present case and also considering the period of
custody and the fact that the disposal of the appeal will take its own
time, without commenting upon the merits of the case, it would be
appropriate to accept the application of the appellant.
Consequently, I.A.No.27179/2021 is hereby allowed.
If the appellant furnishes a bail bond and deposits the fine
amount in the sum of Rs.50,000/- (Rupees fifty thousand Only) along
with one surety bond of the like amount to the satisfaction of the trial
Court and undertakes that he will appear before the Registry of this
Court on 04.05.2022 and on subsequent dates given by the office for
his appearance till the disposal of the present appeal, then the appellant
shall be released on bail and execution of jail sentence is suspended till
the disposal of this appeal.
Certified copy/ e-copy as per rules/directions.
(Deepak Kumar Agarwal)
mani Judge
SUBASRI MANI
2021.12.20
11:52:17 -08'00'
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