Citation : 2021 Latest Caselaw 5993 MP
Judgement Date : 24 September, 2021
1 CRA-4985-2021
The High Court Of Madhya Pradesh
CRA-4985-2021
(TEJ PRATAP SINGH AND OTHERS Vs THE STATE OF M.P)
2
Jabalpur, Dated : 24-09-2021
Heard through Video Conferencing.
Mr. A.P. Singh, learned counsel for the appellants.
Mr. Vinay Kumar Sharma, learned Panel Lawyer for the State.
Heard on admission.
Let record of the trial Court be requisitioned.
Heard on I.A.No.15462/2021, which is first application under Section
389 (1) of the Cr.P.C. filed on behalf of appellants for suspension of
conviction and grant of bail.
A perusal of the judgment reveals that the appellant Tej Pratap Singh
stands convicted under Sections 148 of the Indian Penal Code, sentence to
suffer R.I. for one year with fine of Rs.200/-, under Section 333/109,
sentence to suffer R.I for 3 years with fine of Rs.800/-, appellant Kundan
Singh Gond stands convicted under Section 148 of the Indian Penal Code,
sentence to suffer R.I. for one year with fine of Rs.200/-, under Section
452/149 of the Indian Penal Code and sentence to suffer R.I. for 2 years with
fine of Rs.300/- under Section 333/109, sentence to suffer R.I for 3 years
with fine of Rs.800/-, appellant Pappu @ Ramlakhan Singh stands convicted
under Section 148 of the Indian Penal Code, sentence to suffer R.I. for one
year with fine of Rs.200/-, under Section 452/149 of the Indian Penal Code
and sentence to suffer R.I. for 2 years with fine of Rs.300/- under Section
333/109, sentence to suffer R.I for 3 years with fine of Rs.800/, appellant
Dayaman Singh stands convicted under Section 148 of the Indian Penal
Code, sentence to suffer R.I. for one year with fine of Rs.200/-, under
Section 452/149 of the Indian Penal Code and sentence to suffer R.I. for 2
years with fine of Rs.300/- under Section 333/109, sentence to suffer R.I for
3 years with fine of Rs.800/, appellant Chokhe Lal Singh Gond stands
2 CRA-4985-2021
convicted under Section 148 of the Indian Penal Code, sentence to suffer R.I.
for one year with fine of Rs.200/-, under Section 452/149 of the Indian Penal
Code and sentence to suffer R.I. for 2 years with fine of Rs.300/- under
Section 333/109, sentence to suffer R.I for 3 years with fine of Rs.800/-,
appellant Ramkhelawan Singh Gond stands convicted under Section 148 of
the Indian Penal Code, sentence to suffer R.I. for one year with fine of
Rs.200/-, under Section 452/149 of the Indian Penal Code and sentence to
suffer R.I. for 2 years with fine of Rs.300/- under Section 333/109, sentence
to suffer R.I for 3 years with fine of Rs.800/-, appellant Daduram Singh Gond
stands convicted under Sections 148 of the Indian Penal Code, sentence to
suffer R.I. for one year with fine of Rs.200/-, under Section 452/149 of the
Indian Penal Code and sentence to suffer R.I. for 2 years with fine of
Rs.300/- under Section 333/109, sentence to suffer R.I for 3 years with fine
of Rs.800/-,appellant Kiran Singh Gond stands convicted under Sections 148
of the Indian Penal Code, sentence to suffer R.I. for one year with fine of
Rs.200/-, under Section 452/149 of the Indian Penal Code and sentence to
suffer R.I. for 2 years with fine of Rs.300/- under Section 333/109, sentence
to suffer R.I for 3 years with fine of Rs.800/- with default stipulations.
Learned counsel for the appellants submits that the appellants were on
bail during trial and they have not misused the liberty granted to them. The jail
sentence of the appellants have already been suspended by the trial Court till
22.09.2021
and they have already deposited the fine amount, therefore, it has been prayed that the jail sentence of the appellants be suspended and they be released on bail.
Learned panel lawyer for the State on the other hand has opposed the bail application.
However, keeping in view the facts and circumstances of the case coupled with the short sentence involved in the matter, therefore, in the opinion of this Court, this is a fit case for grant of bail.
Accordingly, I.A.No.15462/2021 is allowed.
3 CRA-4985-2021 It is directed to the appellants that on depositing the fine amount and furnishing a personal bond in the sum of Rs.30,000/-each with one solvent surety each in the same amount to the satisfaction of the trial Court for their appearance before the concerned trial Court on 20.12.2021 and all other subsequent dates fixed by the that Court, the remaining part of the substantive jail sentence imposed upon them shall remain suspended and they shall be released on bail.
Case be listed for admission after receipt of the record. Certified copy/e-copy as per rules.
(ARUN KUMAR SHARMA) JUDGE
julie
Signature Not Verified SAN
Digitally signed by JULIE SINGH Date: 2021.09.24 17:05:30 IST
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