Dungar Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 944 MP

                                                         1                               CRA-1726-2021
                               The High Court Of Madhya Pradesh
                                          CRA-1726-2021
                                   (DUNGAR SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                      1
                      Indore, Dated : 22-03-2021
                             Shri Laveesh Sethia,,learned counsel for the appellants.
                              Sh r i Karpe    Prakhar     Mohan     learned    counsel        for   the
                      respondent/State.

Let the record of the trial Court be requisitioned and the appeal be listed for admission along with the record.

Heard on IA No.5242/2021, first application under section 389(1) Cr.P.C for suspension of sentence on behalf of appellants.

Appellants have filed this appeal against the judgment dated 27.2.2021 passed by II Additional Sessions Judge, Mandsaur in S.T No.173/2017, whereby the learned trial Court has convicted the appellants under sections 323 and 324/34 of the IPC and sentenced them to undergo 1-2 years R.I each with a fine amount of Rs.1000/- each respectively with default stipulation.

Learned counsel for the appellants submit that the trial Court has committed an error in appreciating the evidence and convicted the appellants. He further submits that the hearing of this appeal would likely to take a long time. The jail sentence of the appellants have been suspended by the trial Court till 27.3.2021, hence prayed for suspension of sentence and release of appellants on bail.

O n the other hand, learned counsel for the respondent/State opposed the prayer.

Considering the facts and circumstances of the case and the fact that this appeal is likely to take time for final hearing, the application is allowed and it is directed that the jail sentence passed against the appellants shall remain suspended and they be released on bail upon them depositing the fine amount (if already not deposited) and furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand)each with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before the Registry of this Court on 28.1.2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal. Before releasing the appellants from the custody the jail authorities are directed to medically examine them in order to rule out the possibility of COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.

Consequently, I.A.No.5243/2021 stands disposed of. C.c as per rules.

(VIVEK RUSIA) JUDGE

R.P.

Digitally signed by RASHMI PRASHANT Date: 23/03/2021 11:01:11 2 CRA-1726-2021

Digitally signed by RASHMI PRASHANT Date: 23/03/2021 11:01:11