Laxman Dhakad vs The State Of Madhya Pradesh
2022 Latest Caselaw 16288 MP

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               THE HIGH COURT OF MADHYA PRADESH
                            CRA No. 11202 of 2022
               [Laxman Dhakad & Ors. Vs THE STATE OF MADHYA PRADESH & Anr.]

Gwalior, dt.:08.12.2022

      Mr. Avadhesh Parashar, learned counsel for the appellants.
      Mr. B.M. Shrivastava, learned Public Prosecutor for
respondent/state.

Appeal being arguable, is admitted for final hearing. Let record of the trial court below be requisitioned. Heard on I.A. No.18676 of 2022, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellants.

This Criminal Appeal assails the judgment dated 16.11.2022 passed in Case No. SCATR No. 45/2019 by Special Judge (SC & ST) Act Shivpuri (M.P.) whereby, appellants stood convicted under Sections:-

Name of Under Imprisonment Fine Imprisonment

appellants Section Rupees in lieu of fine Appellant 148 of IPC 6 Months RI No.1 324 of IPC read 6 Months RI 1,000/- One month RI /Laxman with Section 3(2) Dhakad (va) of SC/ST Act

323/149 of IPC 3 Months RI read with Section 3(2)(va) of SC/ST Act Appellant 148 of IPC 6 Months RI No.2 /Naresh Dhakad 323 of IPC read 3 Months RI with Section 3(2) (va) of SC/ST Act 324/149 of IPC 6 Months RI 1000/- One month RI read with Section 3(2)(va) of SC/ST Act Appellant 148 of IPC 6 Months RI No. 3/Veeru Dhakad 323 of IPC read 3 Months RI with Section 3(2) (va) of SC/ST Act 324/149 of IPC 6 Months RI 1000/- One month RI read with Section 3(2)(va) of SC/ST Act Appellant 148 of IPC 6 Months RI No.

4/Deshraj
Dhakad
              323 of IPC read     3 Months RI
              with Section 3(2)
              (va) of SC/ST Act
              324/149 of IPC      6 Months RI   1000/-   One month RI
              read with Section
              3(2)(va) of SC/ST
              Act



   Appellant     148 of IPC          6 Months RI
   No.5
   /Jashram
   Dhakad
                 323 of IPC read     3 Months RI
                 with Section 3(2)
                 (va) of SC/ST Act
                 324/149 of IPC      6 Months RI   1000/-   One month RI
                 read with Section
                 3(2)(va) of SC/ST
                 Act

I.A.No.18676/2022, first application u/S.389(1) of Cr.P.C. for grant of suspension of sentence moved on behalf of appellants is taken up and considered.

Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellants without proper appreciation of facts of the case. The appellants were on bail during trial. Disposal of appeal shall take considerable time, therefore, he prays for suspension of sentence and grant of bail to the appellants.

Per contra, learned Panel Lawyer for the respondent/State opposed the application and prayed for its rejection.

Keeping in view, the facts and circumstances of the case, without expressing any opinion on merits, the application (I.A.No.18676/2022) for suspension of sentence is hereby allowed.

It is directed that jail sentence of appellants will remain under suspension subject to depositing fine amount and on furnishing personal bond of Rs.50,000/- (Rs. Fifty Thousand Only) each with two solvent

sureties of the like amount to the satisfaction of the concerned trial Court, for their appearance before the Registry of this Court on 23.01.2023 and thereafter on all subsequent dates as may be fixed by the office.

Application (I.A. No.18676/2022) stands disposed of. Certified copy as per rules/directions.

(SUNITA YADAV ) JUDGE Chetna

ALOK KUMAR 2022.12.09 10:31:50 +05'30' 11.0.23