Sanju @ Sanjay Verma vs The State Of Madhya Pradesh
2022 Latest Caselaw 1577 MP

1                                  Cr.A.No.1128-2022

    THE HIGH COURT OF MADHYA PRADESH, INDORE BENCH
                            Cr.A.No.1128-2022

     (Sanju @ Sanjay Verma and two others vs. State of Madhya Pradesh)

Indore, Dated: 03.02.2022
       Shri Vishal Singh Panwar, learned counsel for the appellant.

       Ms.    Seema      Maheshwari,      learned      counsel    for       the

respondent/State.

Heard on the question of admission.

Record of the trial court be requisitioned.

Also heard on I.A. No.1684/2022, which is an application for

suspension of jail sentence of all the appellants.

The appellants have been convicted by the Special Judge (under

SC & ST Act) Rajgarh (Biaora) vide judgment dated 19.1.2022 passed

in S.T. No.345/2019 and sentenced them as under:-

      Conviction                           Sentence
    Section     Act     Imprisonment          Fine        Imprisonment
                                                          in lieu of fine
 323 (03     IPC       01 year RI     Rs.500/-each 6 months RI
count) r/w

Learned counsel for the appellants has submitted that the learned

trial Court has not properly appreciated the evidence on record and has

recorded the conviction without considering serious anomalies,

contradictions and omissions present in the testimony of various

witnesses. It is further submitted that the statements of the independent

witnesses of the case did not support the case of prosecution. It is

further submitted that the appeal is likely to take a long time in its final

hearing. Under these circumstances, he prays that the application for

suspension of jail sentence be allowed.

The prayer for suspension of sentence is opposed by the learned

counsel for the State.

Having considered the rival submissions and taking note of the

fact that the appeal is not likely to be heard at an early date, without

expressing any opinion on merits of the case, IA No.1684/2022 is

allowed and it is directed that on furnishing a personal bond by the

appellants in the sum of Rs.25,000/- (Rupees Twenty Five Thousand

only) each with a solvent surety each in the like amount to the

satisfaction of the learned trial Court, for their regular appearance

before concerned trial Court, the execution of the custodial part of the

sentence imposed against the appellants shall remain suspended, till the

final disposal of this appeal.

The appellants after being enlarged on bail, shall mark their

presence before the concerned trial Court on 11.04.2022 and on all such

subsequent dates, as may be fixed by the concerned Court in this

regard.

Certified copy, as per rules.

(SUBODH ABHYANKAR ) JUDGE moni Digitally signed by MONI RAJU Date: 2022.02.03 15:09:39 +05'30'