Shubham @ Arun Sengar vs The State Of Madhya Pradesh
2021 Latest Caselaw 707 MP

HIGH COURT OF MADHYA PRADESH Cr.A.No.1636/2021 (Shubham @ Arun Sengar & Another Vs. The State of M.P.)

Gwalior, Dated : 15.03.2021

Shri Brajesh Kumar Tyagi, learned counsel for the appellants.

Shri Kaushlendra Singh Tomar, learned Govt. Advocate for the

State.

Being arguable, the appeal is admitted for final hearing.

Let record of the court below be called for.

Heard on I.A.No.7589/2021, application for urgent hearing.

For the reasons mentioned in the said application, I.A.No.

7589/2021 is allowed.

Also heard on I.A.No.7591/2021, first application under Section

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

behalf of the appellants.

Learned counsel for the appellants submits that this criminal

appeal assails the judgment dated 02.03.2021 passed by the Sixth

Additional Session Judge in Session Trial No.463/2017, whereby the

appellants have been convicted u/S. 363 of IPC and sentenced to

undergo four years R.I. with fine of Rs.2000/- each with default

stipulation. The fine amount has already been deposited by him. He

submits that sentence of the appellants has been suspended by the trial

Court till 01.05.2021.

Learned Govt. Advocate for the State has opposed the prayer and

prayed for rejection of the same.

HIGH COURT OF MADHYA PRADESH Cr.A.No.1636/2021 (Shubham @ Arun Sengar & Another Vs. The State of M.P.)

Considering the facts and circumstances of the case, I.A.No.

7591/2021 is allowed and it is directed that the jail sentence of the

appellants No.1 Shubham @ Arun Sengar and the appellant No.2

Roopchand Joshi will remain under suspension on verification of the

fact that whether the fine amount has been deposited or not, on the

appellants' furnishing bail bond of Rs.50,000/- (Rs. Fifty Thousand

Only) each with two solvent surety each to the satisfaction of the

concerned trial Court, for appearance of the appellants before the

Principal Registrar of this Registry on 30.09.2021 and thereafter,

subsequent dates as may be fixed by the Registry from time to time till

disposal of the appeal.

Accordingly, I.A.No.7589/2021 and I.A.No.7591/2021 are

stands disposed of.

Certified copy as per rules.

                                              (Vishal Mishra)
AK/-                                              Judge
        ANAND KUMAR
        2021.03.16
        09:56:43 +05'30'