Mahendra Singh Parihar vs The State Of Madhya Pradesh
2022 Latest Caselaw 415 MP

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            THE HIGH COURT OF MADHYA PRADESH
                            CRA No. 163-2022
               (Mahendra Singh Parihar Vs. State of M.P.)

Gwalior, dt. :07.01.2022

      Shri S.P.S. Gurjar, learned counsel for appellant.

      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 17/12/2021 passed in

S.T. No.390/2012, by 8th Additional Sessions Judge, Gwalior (M.P.)

whereby the appellant has been convicted as under. :-

             Section           Imprisonment                Fine
    25(1) (1B)(1A) Arms       One year's R.I.   Rs.1,000/- with default
    Act                                         stipulation

I.A.No.149/2022, an application for grant of suspension of sentence

moved on behalf of appellant is taken up and considered.

Learned counsel for the appellant submits that accused/appellant was

on bail during trial. His sentence has already been suspended by the trial

Court. Fine amount has been deposited and 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 sentence has already been

suspended by the trial Court and appellant has remained bail during trial,

without expressing any opinion on merits, the application for suspension

of sentence is allowed.

It is directed that jail sentence of appellant 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 VALSALA VASUDEVAN 2018.10.26 15:14:29 -07'00' 16:48:55 +05'30'