Dauji Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 5266 MP

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               HIGH COURT OF MADHYA PRADESH
                         CRA No. 5839 of 2021
          (DAUJI KUSHWAH AND OTHERS Vs THE STATE OF MADHYA PRADESH)


Dated : 11.04.2022

         Shri J.P.Kushwaha, learned counsel for the appellants.

         Shri Pramod Pachori, learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.4614/2022, first application under Section 389

(1) of Cr.P.C. filed by appellant No.2 Raju Kushwaha and appellant

No.3-Prakash Kushwaha for suspension of sentence and grant of bail.

Vide judgment dated 14.09.2021 passed by learned Second

Additional Sessions Judge, Sabalgarh, District Sabalgarh, (M.P.) in

S.T.No.38/2020 the appellants have been convicted and sentenced as

under:

Section Sentence Fine In default stipulation 452 of IPC 02 year RI Rs.1000/- 15 days 304(II) r/w 05 years RI Rs.6000/- one month 34 of IPC

It is submitted by learned counsel for he appellants that during

trial the fine amount has already been deposited. It is submitted by

counsel for the appellants that the appellant No.1 and appellant No.4

have already been granted the benefit of suspension of sentence vide

order dated 15.03.2022. Learned counsel for the appellants further

submits that hearing of this appeal shall take considerably long time.

Under these circumstances, he prayed to suspend the jail sentence of

the appellants and grant bail.

Heard learned counsel for the parties and perused the record.

Considering the facts and circumstances of the case and looking

to the fact that the appeal is of the year 2021 and the final outcome of

appeal will take time, but without commenting anything on the merits

of the case, I.A.No.4614/2022 is allowed and it is directed that jail

sentence of appellants will remain under suspension subject to

verification that the amount of fine has been deposited, on appellants

furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only)

each with one solvent surety each of the like amount to the

satisfaction of concerned Trial Court for their appearance before the

Principal Registrar of this Court on 27th June, 2022 and thereafter on

such further dates as may be fixed by the office of this Court in this

regard till disposal of the appeal.

C.c. as per rules.

                                           (Deepak Kumar Agarwal)
vv                                                  Judge


       VALSALA
       VASUDEVAN
       2022.04.11
       22:44:52
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