Dasrath Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 4694 MP

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              HIGH COURT OF MADHYA PRADESH,
                       BENCH AT GWALIOR
                           CRA-3021-2022
              (Dasrath Singh & Ors. Vs. State of M.P.)



Gwalior, Dated : 01/04/2022

      Shri Rajmani Bansal, learned counsel for the appellants.

      Shri R.K. Awasthi, learned Public Prosecutor for the

respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence, it is admitted for final

hearing.

Learned counsel for the respondent/State accepts notice on

behalf of the respondent/State.

Record of the trial Court be called for.

This appeal has been preferred against the judgment dated

15/03/2022 passed by Additional Sessions Judge, Raghogarh, District-

Guna (M.P.) in S.T. No.151/2019, whereby the appellants have been

convicted and sentenced as under:-

       Sections              Sentence        Fine (Rs.)      Default
                                                           Stipulation
      148 of IPC            1 Year RI            500/-     2 Months RI
    307/149 of IPC          3 Years RI           1,000/-   6 Months RI
    307/149 of IPC          3 Years RI           1,000/-   6 Months RI
    323/149 of IPC         3 Months RI           500/-     1 Month RI

I.A.No.5098/2022, an application under Section 389 (1) of

Cr.P.C. for suspension of sentence and grant of bail moved on behalf

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-3021-2022 (Dasrath Singh & Ors. Vs. State of M.P.)

of the appellants No.1 to 7 namely- Dasrath Singh, Kailash, Phool

Singh, Gajraj Singh, Lakhan Singh, Ratan Singh and Prem Singh

respectively.

Learned counsel for the appellants submits that

accused/appellants have been falsely implicated in this case and they

are not concerned with the case directly or indirectly. Learned trial

Court has already suspended their jail sentence for a period of one

month from the date of judgment. Disposal of appeal shall take

considerable time, therefore, he prays for suspension of sentence and

grant of bail to the appellants.

Per contra, learned Public Prosecutor appearing on behalf of

the respondent/State opposed the prayer and prayed for dismissal of

this application.

Keeping in view of the aforesaid facts and circumstances of the

case particularly, having regard to the facts that sentence has already

been suspended by the trial Court, the appellants have remained bail

throughout trial, but without expressing any opinion of merits, I.A.

No.5098/2022 is allowed.

It is, therefore, directed that sentence of appellants No.1 to 7

namely- Dasrath Singh, Kailash, Phool Singh, Gajraj Singh,

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-3021-2022 (Dasrath Singh & Ors. Vs. State of M.P.)

Lakhan Singh, Ratan Singh and Prem Singh respectively shall

remain under suspension subject to depositing fine amount and on

their furnishing personal bond in the sum of Rs.25,000/-(Rupees

Twenty Five Thousand Only) each with two solvent sureties each of

the like amount to the satisfaction of concerned trial Court, for their

appearance before the Registry of this Court on 20th of June, 2022 and

thereafter on all subsequent dates as may be fixed by the office.

Application (IA No.5098/2022) stands disposed of.

Certified copy/e-copy as per rules/directions.

(DEEPAK KUMAR AGARWAL) JUDGE

rahul

Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4 dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9 D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.04.01 18:59:25 +05'30'