Khuman vs The State Of Madhya Pradesh
2021 Latest Caselaw 2945 MP

HIGH COURT OF MADHYA PRADESH : JABALPUR Heard through Video Conferencing Criminal Appeal No.3806/2021 (Khuman & others vs. State of Madhya Pradesh) Jabalpur, dated : 02.07.2021.

Shri Vaibhav Jain, counsel for the appellants. Shri Satish Pateriya, Panel Lawyer for the State. Heard.

Admit.

Heard on I.A.No.11747/2021 which is first application for suspension of sentence under Section 389(1) of CrPC.

2. Vide judgment and order dated 23.06.2021 passed by Special Judge (Electricity Act) Damoh in Special Case No.100078/2015, the appellants have been convicted and sentenced as under :

Conviction Sentence Under Section 136 S.I.for 1 year and fine of Rs.5000/- with default of the Electricity stipulation of S.I. for 3 months. Act, 2003

3. It is submitted by learned counsel for the appellants that sentence awarded to the appellants has already been suspended till 23.07.2021 by the trial Court itself. It is prayed that the sentence of the appellants may kindly be suspended till final disposal of the appeal.

4. Looking to the facts and circumstances of the case, I deem it appropriate to suspend the sentence of the appellants, therefore, without commenting on the merits, I.A.No.11747/2021 is allowed.

5. It is directed that on deposition of fine amount, if already not deposited and also on furnishing personal bond of Rs.30,000/- (Rupees

Thirty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial Court for his appearance before this Court/Registry on 6th September, 2021 and on all other subsequent dates, as may be fixed by the Registry in this behalf, the execution of substantive jail sentence imposed on the appellants namely Khuman, Lotan, Kamod Singh and Ketar shall remain suspended, till final disposal of this appeal.

6. Let the record of the Court below be requisitioned.

7. Appeal be listed for final hearing in due course.

(VIRENDER SINGH) JUDGE

anand Digitally signed by ANAND KRISHNA SEN Date: 2021.07.02 17:59:02 +05'30'