Sunil vs The State Of Madhya Pradesh
2022 Latest Caselaw 321 MP

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           The High Court Of Madhya Pradesh
                   CRA No. 7773 of 2021
              (SUNIL AND OTHERS Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated:-06/01/2022
      Shri Ashirwad Dwivedi, learned counsel for the appellants.

      Shri Rohit Shrivastava, learned Panel Lawyer for the

respondent/State.

Appeal being arguable is admitted for final hearing.

Heard on I.A.No.33388/2021, an application under Section 389

of Cr.P.C. for suspension of jail sentence moved on behalf of the

appellants.

This criminal appeal has been filed against the judgment dated

10/12/2021 passed by Sessions Judge, Bhind (M.P.) in ST

No.171/2018 by which appellants have been convicted under sections

326, 326 read with section 34, 323 read with section 34 of IPC (03

counts) and sentenced to undergo three years rigorous imprisonment

and three months RI with fine of Rs.2,000/-, Rs.500/- each with

default stipulation.

It is submitted by the learned counsel for appellants that this is

the first application for suspension of sentence on behalf of the

appellant. Appellants have wrongly been convicted & sentenced by the

trial Court. There are lot of contradictions and omissions in the

evidence of the prosecution witnesses. Fine amount has already been

deposited by the appellants. It is also submitted that hearing of this

appeal shall take considerably long time. Therefore, prays to suspend

The High Court Of Madhya Pradesh CRA No. 7773 of 2021 (SUNIL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

the jail sentence of the appellants.

Learned State counsel has vehemently opposed the submissions

and prayed to reject the application for suspension of sentence.

Heard learned counsel for the parties and perused the documents

available on record.

Considering the facts and circumstances of the case, without

commenting on merits of the case, I.A.No.33388/2021 is hereby

allowed. Subject to depositing of fine amount (if not already

deposited) and on furnishing personal bond of Rs.75,000/- (Rupees

Seventy Five Thousand only) each with one solvent surety of the like

amount to the satisfaction of the concerned Court, the remaining jail

sentence of the appellants shall remain suspended and they be released

on bail. The appellants are further directed to mark their appearance

before the Office of this Court on 14/03/2022 and on subsequent dates

given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course.

Let a copy of this order be sent to the Court below concerned for

information.

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

(Rajeev Kumar Shrivastava) Judge Monika MONIKA SHARMA 2022.01.07 11:24:39 +05'30'