Vinay Soni vs The State Of Madhya Pradesh
2022 Latest Caselaw 1245 MP

          HIGH COURT OF MADHYA PRADESH,
                BENCH AT GWALIOR

                           Cr.A. 236/2022
       (Vinay Soni & Ors. Vs. The State of Madhya Pradesh )
                                  (1)

Gwalior, dated : 27/01/2022

      Shri R.K. Joshi, learned counsel for the appellants.
      Shri B.M. Shrivastava, Public Prosecutor for respondent/State.

Heard on the question of admission.

Admit.

Shri B.M. Shrivastava, learned counsel for the State takes

notice on behalf of the State.

Record of the court below be requisitioned.

Also heard on I.A. No. 224/2022, which is First application

for suspension of sentence and grant of bail filed on behalf of the

appellants No. 1 to 3 namely Vinay Soni, Manoj Soni & Shashank

Soni respectively.

This appeal has been preferred against the judgment dated

15/12/2021 passed by Sessions Judge, District Bhind in S.T. No.

99/2017, whereby the appellants have been convicted under Section

324/34 of IPC and sentenced to undergo R.I. for One Years each

with fine of Rs. 2,000/- each & under Section 323/34 (two counts) of

IPC and sentenced to undergo R.I. for Three months each with fine

of Rs. 2,000/- each with default stipulation.

Learned counsel for the appellants submits that sentence

imposed against the appellants has already been suspended by the

trial court. All the appellants were on bail during trial and they have HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

Cr.A. 236/2022 (Vinay Soni & Ors. Vs. The State of Madhya Pradesh )

strong grounds against the impugned judgment. Disposal of the

appeal will take considerable time. Application for suspension of

sentence filed on behalf of the appellants deserves to be allowed.

On the other hand, learned counsel appearing on behalf of the respondent opposes the application for suspension of sentence and grant of bail filed on behalf of the appellants and prayed for its rejection.

Keeping in view the facts & circumstances of the case, awaiting admission, IA No. 224/2022 is allowed, without commenting on merit of the case, it is directed that if appellants deposit the entire fine amount, if not already deposited, and furnish personal bond in the sum of Rs.50,000/-(Rupees fifty thousand) each with two local solvent sureties each in the like amount to the satisfaction of trial Court for their appearance before the Registry of this Court on 11th April, 2022 and on such subsequent dates as may be fixed in this regard, sentences of imprisonment awarded to them shall remain suspended till further orders and they shall be released on bail.

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

(Satish Kumar Sharma) Judge Durgekar* SANJAY NAMDEORAO DURGEKAR 2022.01.27 17:59:16 +05'30'