Santosh Tiwari vs The State Of Madhya Pradesh
2022 Latest Caselaw 2089 MP

            The High Court Of Madhya Pradesh
                    CRA No. 1560 of 2022
       (SANTOSH TIWARI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                  (1)



Gwalior, Dated : 15-02-2022
       Shri Sushil Goswami, learned counsel for the appellants.

        Shri Nirmal Sharma, learned Public Prosecutor for the

respondent-State.

Appeal being arguable is admitted for hearing.

Record of the court below be called for.

This criminal appeal assails the judgment dated 25/01/2022

passed in S.T.No.33/2019, by Additional Sessions Judge, Pichhore

District Shivpuri (M.P.) whereby the appellants have been convicted

and sentenced as under. :-

         Section        Imprisonment                Fine
    489-C IPC        Three- Three Rs.2,000/- with default
                     years' R.I.     stipulation

I.A.No.2595/2022, an application for grant of suspension of

sentence moved on behalf of appellants is taken up and considered.

Learned counsel for the appellants submits that accused

persons/appellants were on bail during trial. Their sentence have

been suspended by the trial Court for a period of one month from the

date of judgment. Disposal of appeal shall take considerable time,

therefore, they pray for suspension of sentence and grant of bail to

the appellants.

Per contra, learned Public Prosecutor for the

respondent/State opposed the prayer and prayed for dismissal of

this application.

Keeping in view, the facts and circumstances of the case, The High Court Of Madhya Pradesh CRA No. 1560 of 2022 (SANTOSH TIWARI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

particularly, having regard to the facts that sentence has already been

suspended by the trial Court, the appellants have remained bail

throughout trial, but without expressing any opinion on merits, the

application for suspension of sentence is allowed.

It is directed that jail sentence of appellants will remain under

suspension subject to depositing fine amount and on their furnishing

personal bond of Rs.50,000/- (Rs. Fifty thousand only) with two

solvent sureties each of the like amount to the satisfaction of the

concerned trial Court, for their appearance before the Registry of

this Court on 05/05/2022 and thereafter on all subsequent dates as

may be fixed by the office.

Application (I.A.No.2595/2022) stands disposed of.

Certified copy as per rules.

(Satish Kumar Sharma) Judge Prachi*

PRACHI MISHRA 2022.02.1 6 10:47:41 +05'30'