Deshraj vs The State Of Madhya Pradesh
2021 Latest Caselaw 316 MP

                 HIGH COURT OF MADHYA PRADESH
               1                                     Cr.A.No.1287/2021
                  ( Deshraj & Ors. Vs. State of M.P. )

Gwalior Bench:
Dated 27/02/2021
     Shri Madhukar          Kulshrestha,    learned    counsel    for

appellants.

      Shri Vinod Pathak, learned PL for respondent/State.

Call for the record of Court below.

Heard on I.A.No. 6291/2021, application under Section

389 of Cr.P.C. moved on behalf of appellants for suspension of

their remaining jail sentence.

By the impugned judgment of sentence and order of

conviction, appellants have been convicted for offence under

Sections 148, 323/149 (on six counts) of IPC and sentenced to

suffer one year RI each alongwith fine of Rs. 500/- each for

offence under Section 148 of IPC and for offence under Section

323/149 of IPC they have been sentenced to suffer one year RI

each (on six counts) and fine of Rs. 1,000/- each alongwith

default stipulation.

It is the submission of learned counsel for the appellants

that trial court erred in convicting the appellants and awarding jail

sentence. Fine amount has already been deposited. Trial Court

erred in not appreciating the evidence holistically. Hearing of

appeal will take time and appellants have a strong case on merits.

HIGH COURT OF MADHYA PRADESH

( Deshraj & Ors. Vs. State of M.P. )

Learned counsel for the respondent/State opposes the

prayer and prayed for its rejection.

Keeping in view the submissions made by the learned

counsel for the parties and looking to the facts and circumstances

of the case and the short sentence awarded to the appellants,

subject to deposit of fine amount, it is directed that jail sentence

of appellants shall remain suspended subject to appellants'

furnishing a personal bond in the sum of Rs.50,000/- (Rupees

Fifty Thousand only) each with a surety bond each in the like

amount to the satisfaction of the trial Court to appear before

Registry of this Court on 12/8/2021 and all other subsequent

dates as may be fixed in this regard.

I.A.No. 6291/2021 stands allowed and disposed of.

A copy of this order be sent to the trial Court concerned for

compliance.

Certified copy as per rules.

(Anand Pathak) Judge jps/-

JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH

PRAKAS GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001,

H st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b1 0cecdf179cec865c7633f4cfb9e3 8ce14fcbb05b9522a, cn=JAI

SOLANKI PRAKASH SOLANKI Date: 2021.03.02 16:06:35 +05'30'