Bela Pratap Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 147 MP

                                                          1                                CRA-312-2021
                                 The High Court Of Madhya Pradesh
                                            CRA-312-2021
                                  (BELA PRATAP SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                      3
                      Jabalpur, Dated : 24-02-2021
                            Shri Rakesh Dwivedi, learned counsel for the appellants.
                            Shri Kishor Roy, learned Panel Lawyer for the respondent/State.

Heard on admission.

This appeal has been preferred by four appellants against the judgment dated 11.1.2021 passed by learned Sessions Judge, Sidhi in S.T. No.86/2019.

The trial Court convicted all the four appellants for the offence under Section 304-I/34 and 323/34 (Double counts) of IPC and awarded 10 years R.I. with fine of Rs.5,000/- and 6 months R.I. with fine of Rs.1,000/- (for each count) with default stipulation, as per para 79 of the impugned judgment.

The appeal is having some substance, therefore, admitted for final hearing.

Also heard upon I.A. No.724/2021, filed under Section 389(1) of Cr.P.C. for suspension of substantive jail sentence.

Before arguments upon this application, counsel for the appellants

seeks partly withdrawal of this application in reference to appellant No.4 Vishwanath Singh.

Therefore, permission is granted.

Arguments heard upon the aforesaid application in reference to appellant No.1 Bela Pratap Singh, appellant No.2 Maniraj Singh appellant No.3 Ashish Singh.

It appears from the custody certificate that all three appellants were on bail during the trial. They are confined in custody since 11.1.2021. It appears from the evidence and the impugned judgment that the fatal injury to the deceased was caused by Vishwanath Singh. The present three appellants have been convicted with the help of Section 34 of IPC. There is no any criminal

Signature Not background of any of them. Hence, looking to the circumstances of the case, SAN Verified

Digitally signed by PUSHPENDRA PATEL Date: 2021.02.24 16:30:06 IST 2 CRA-312-2021 application is allowed.

It is directed that substantive sentence of aforesaid three appellants No.1 to 3 Bela Pratap Singh, Maniraj Singh and Ashish Singh is hereby suspended till final decision of this appeal, subject to their furnishing a bail bond worth Rs.30,000/- (Rupees Thirty Thousand only) each and a personal bonds of the same amount to the satisfaction of the trial Court.

After releasing on bail, the appellants will appear before the Registry of this Court on 15.12.2021 and thereafter on other subsequent dates as may be fixed by the Registry in this behalf.

List this appeal for final hearing in due course. C.C. as per rules.

                                                                            (B. K. SHRIVASTAVA)
                                                                                    JUDGE


                      pp




Signature
 SAN      Not
Verified

Digitally signed by
PUSHPENDRA
PATEL
Date: 2021.02.24
16:30:06 IST