Raju vs The State Of Madhya Pradesh
2021 Latest Caselaw 7121 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                      Criminal Appeal No.6010/2021
                   (Raju and Shankar Vs. State of M. P.)
                                   -1-

Indore, dated 08/11/2021

      Parties through their counsel.

      Office to requisitioned the record of the Court below.

      IA.No.28109/2021, which is an application for taking documents

on record, is allowed.

      Also heard on IA No.27157/2021, which is an application for

suspension of sentence on behalf of both the appellants.

      Appellants have filed this appeal against the judgment dated

25/09/2021 passed by Additional Sessions Judge, Jobat, Distt.

Alirajpur in Sessions Trial No.56/2019, whereby the learned trial Court

has convicted the appellants under section 332/34 of the Indian Penal

Code, 1860 and sentenced them to undergo rigorous imprisonment for

03 years with fine of Rs.500/- each with further default stipulation.

      Learned counsel for the appellants submits that the trial Court

has committed an error in appreciating the evidence and convicting

the appellants. The appellants were on bail during trial and they have

never misused the liberty granted by the Court. The jail sentence was

also suspended up to 23/10/2021, hence prayed for suspension of

sentence.

      On 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 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE Criminal Appeal No.6010/2021 (Raju and Shankar Vs. State of M. P.)

application is allowed and it is directed that the jail sentence passed

against the appellants shall remain suspended and they shall be

released on bail upon their depositing the fine amount (if already not

deposited) and upon their each furnishing personal bond in the sum of

Rs.30,000/- (Rupees Thirty Thousand Only) with separate solvent

surety in the like amount to the satisfaction of the trial Court for their

appearance before the Registry of this Court on 31/01/2022 and on

such further dates as may be fixed in this behalf by the Registry during

the pendency of this appeal.

Certified copy as per rules.

(VIVEK RUSIA) JUDGE Tej Digitally signed by TEJPRAKASH VYAS Date: 2021.11.08 18:38:16 -08'00'