Saubhan Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 1125 MP

               HIGH COURT OF MADHYA PRADESH,
                         BENCH AT GWALIOR
                            Cr.A. No.770/2022
                     (Saubhan Singh & Ors. Vs. State of M.P.)
                                     1


Gwalior, dt. :24.01.2022

      Heard through Video Conferencing.

      Shri Brajesh Tyagi, learned counsel for appellants.

      Shri Naval Kishor Gupta, learned Public Prosecutor for the

respondent/State.

Record of court below be called for.

Appeal being arguable is admitted for hearing.

This criminal appeal assails the judgment dt.30.12.2021 passed in

S.T.No.400240/2014 by 3rd Additional Sessions Judge, Guna, whereby the

appellants have been convicted as under. :-

           Section           Imprisonment               Fine
    148 IPC                One year's RI       Rs.200 with      default
                                               stipulation
    325/149 IPC            Two Years' RI       Rs.200/- with default
                                               stipulation
    323/149                Six months' RI      Rs.500/- with default
                                               stipulation

I.A.No.1200/2022, 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/appellants

were on bail during trial. Their sentence has been suspended by the trial

Court till 03.02.2022. Fine amount has already been deposited. Disposal of

appeal shall take considerable time, therefore, prays for suspension of HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No.770/2022 (Saubhan Singh & Ors. Vs. State of M.P.)

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, particularly,

having regard to the facts that sentence has already been suspended by the

trial Court, the appellants have remained bail throughout trial and they have

arguable case, 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/- (Rupees Fifty thousand only) each 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

28.03.2022 and thereafter on all subsequent dates as may be fixed by the

office.

Application (I.A.No.1200/2022) stands disposed of.

E-copy/Certified copy as per rules/directions.

(Satish Kumar Sharma) Judge Shanu

Digitally signed by SHANU RAIKWAR Date: 2022.01.24 17:13:55 -08'00'