Mahesh @ Kallu vs The State Of Madhya Pradesh
2022 Latest Caselaw 4897 MP

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        IN THE HIGH COURT OF MADHYA PRADESH
                               AT GWALIOR

                        CRA No. 3029 of 2022
             (MAHESH @ KALLU Vs THE STATE OF MADHYA PRADESH)



Gwalior, Dated:05.04.2022
      Shri Deepak Shrivastava, learned counsel for the appellant.

      Shri Ramadhar Choubey learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.5361/22, first application under Section 389

of Cr.P.C. filed by appellant -Mahesh @ Kallu.

Vide judgment dated 11.03.2022 passed by First Additional

Sessions Judge, Ashonagar in Special S.T.No. 300148/2014 by which

the appellant has been convicted and sentenced as under:

Section Sentence Fine In default stipulation 399 of IPC 3 years R.I. Rs.500/- 1 month RI 402 of IPC 3 years R.I. Rs.500/- 1 month RI 25(1-b)(a) 1 year and Rs.1000/- 2 months RI of Arms six months Act

It is submitted by the counsel for the appellant that the appellant

was on bail during trial. He has not misused the liberty granted to him.

Fine amount has already been deposited by the appellant. Conclusion

of the trial will take its own time. Therefore, prayed for grant of

suspension of sentence.

Heard learned counsel for the parties at length.

Considering the aforesaid facts and circumstances of the case,

without commenting anything on merits of the case, I.A.No.5361/22

is allowed. Subject to verification of fine amount amount deposited

by the appellant and on furnishing a personal bond in the sum of

Rs.50,000/- (Rupees fifty thousand only) with one

solvent surety in the like amount to the satisfaction of the concerned

trial Court, the remaining jail sentence of the appellant shall remain

suspended and he shall be released on bail.

The appellant shall firstly appear before the Registry of this

Court on 27.06.2022 and thereafter on all other subsequent date

as may be fixed by the Registry in this regard, till disposal of this

appeal.

C.C.as per rules.

                                                (Deepak Kumar Agarwal)
mani                                                  Judge

 SUBASRI MANI
 2022.04.06
 12:24:46
 -07'00'