Navjoot vs The State Of Madhya Pradesh
2022 Latest Caselaw 5277 MP

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                HIGH COURT OF MADHYA PRADESH
                         CRA No. 2823 of 2022
            (NAVJOOT AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated :    11.04.2022

       Shri Atul Gupta, learned counsel for the appellants.

       Shri Ramadhar Chaubey, learned Public Prosecutor for the

respondent/State.

Shri Anshu Gupta, learned counsel for the complainant.

Heard on I.A.No.5134/2022, first application under Section 389 (1)

of Cr.P.C. filed by appellant No.3-Kalwinder Singh for suspension of

sentence and grant of bail.

Vide judgment dated 8.3.2022 passed by learned Second Additional

Sessions Judge, District Dabra (M.P.) in S.T.No.74/2019 the appellant has

been convicted and sentenced as under:

Section Sentenc Fine In default stipulation e 341 of 0ne Rs.500/- three days RI IPC month SI 323/34 1 year 1000/- One month RI of IPC RI 326/34 5 years 5000/- 6 months RI of IPC RI

In brief, prosecution story is that on 19.4.2019 complainant

H.S.Sandhu at 10.30 PM from his hotel Amar VAsera along with Aajay

Chipa by motorcycle was goling towards his house. Whe he reached in

front of Sandhu hotal there accused Navjyot Sandhy, kalvinder Sandhu,

Tejendra Sandhu came there on motorcycle and stopped their motorcycle.

and started saying you registered a crime at Police Station. Thereafter,

Navjyot assaulted with danda on his head and with sharped edged weapon

to Ajay Chipa and they got injured. They were sent for medical

examination. Fracture of distal end of left ulna was found. They were

arrested.

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

was in jail from 29.8.2019 to 25.11.2019. Learned counsel for the

appellant 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 2022 and the final outcome of appeal

will take time, but without commenting anything on the merits of the case,

I.A.No. 5134/2022 is allowed and it is directed that jail sentence of

appellant No.3 Kalwinder Singh will remain under suspension subject to

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

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

one solvent surety of the like amount to the satisfaction of concerned Trial

Court for his 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
          22:44:05
          +05'30'