Kamal Singh Baghel vs The State Of Madhya Pradesh
2022 Latest Caselaw 414 MP

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            THE HIGH COURT OF MADHYA PRADESH
                            CRA No. 157-2022
               (Kamal Singh Baghel & Anr. Vs. State of M.P.)

Gwalior, dt. :07.01.2022

      Shri Pradeep Katare, learned counsel for appellants.

      Shri Vijay Sundaram, learned Panel Lawyer for respondent/State.

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 21/12/2021 passed in

Special Case No.100004/2012, by 12th Additional Sessions Judge/Special

Judge Madhya Pradesh Nikshepako Ke Hito Ka Sanrakshan Adhiniyam,

Gwalior (M.P.) whereby the appellant No.1- Kamal Singh Baghel has been

convicted as under. :-

             Section           Imprisonment              Fine
    3(4) M.P. Nikshepako three         months' Rs.1,000/- with default
    Ke Hito Ka Sanrakshan R.I.                 stipulation
    Adhiniyam, 2000.

I.A.No.139/2022, an application for grant of suspension of sentence

moved on behalf of appellant No.01 is taken up and considered.

Learned counsel for the accused/appellant submits the appellant has

been sentenced for the imprisonment of three months. Fine amount has been

deposited. The appellant was on bail during trial. His sentence has been

suspended by the trial Court. Disposal of appeal shall take considerable

time, therefore, the application for suspension of sentence deserves to be

allowed.

Per contra, learned Panel Lawyer 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 fact that the appellant has been

sentenced for the imprisonment of three months which has been

suspended by the trial Court, without expressing any opinion on merits,

the application for suspension of sentence is allowed.

It is directed that jail sentence of appellant No.01-Kamal Singh

Baghel will remain under suspension subject to depositing fine amount

and on his furnishing personal bond of Rs.50,000/- (Rs. Fifty thousand

only) with two solvent sureties of the like amount to the satisfaction of

the concerned trial Court, for his appearance before Office of this Court

on 03/03/2022 and thereafter on all subsequent dates as may be fixed by

the office.

Certified copy as per rules.

(Satish Kumar Sharma) Judge vpn VIPIN KUMAR AGRAHARI 2022.01.07 16:43:34 +05'30' VALSALA VASUDEVAN 2018.10.26 15:14:29 -07'00'