Kamlesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 243 MP

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         THE HIGH COURT OF MADHYA PRADESH
                       Cr.A.No.8146/2021
               (Kamlesh and others Vs. State of M.P.)

Gwalior, Dated:-5.1.2022
      Shri Anshu Gupta, learned counsel for the appellants.

      Shri    R.P.   Singh,   learned   Public     Prosecutor   for     the

respondent/State.

I.A.No.44/2022, an application for amendment in the memo

of appeal is taken up, considered and allowed for the reasons

mentioned therein.

Learned counsel for the appellants undertakes to amend the

cause title during the course of the day.

Prayer allowed.

Amendment be carried out in the cause title during the course

of the day.

Heard learned counsel for the rival parties.

Record of court below be called for.

Appeal being arguable is admitted for hearing.

This criminal appeal assails the judgment dated 30.11.2021

passed in S.T. No.100039/2015, by I Additional Sessions Judge,

Ganjbasoda, District Vidisha (M.P.) whereby, the appellants have

been convicted as under. :-

Section Act Imprisonment Fine Default (in lieu of fine) 323/149 IPC 6-6 months Rs.1000/- 1-1 month 435/149 IPC 1-1 year Rs.1000/- 1-1 month

THE HIGH COURT OF MADHYA PRADESH Cr.A.No.8146/2021 (Kamlesh and others Vs. State of M.P.)

I.A. No.33846/2021, an application for grant of suspension of

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

Learned counsel for the appellants submits that

accused/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, he prays 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,

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/- (Rs. 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 03/03/2022 and thereafter on all subsequent dates as

THE HIGH COURT OF MADHYA PRADESH Cr.A.No.8146/2021 (Kamlesh and others Vs. State of M.P.)

may be fixed by the office.

Application (I.A.No.33846/2021) stands disposed of.

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

(Satish Kumar Sharma) Judge Pawar/-

ASHISH PAWAR 2022.01.05 16:45:51 +05'30'