Citation : 2022 Latest Caselaw 462 MP
Judgement Date : 10 January, 2022
1
THE HIGH COURT OF MADHYA PRADESH
Cr.A.No.231/2022
(Atar Singh Vs. State of M.P.)
Gwalior, Dated:-10.1.2022
Shri Adil Majeed, learned counsel for the appellant.
Shri Manish Nayak, learned Panel Lawyer for the
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 14.12.2021
passed in S.T.No.139/2012, by III Additional Sessions Judge, Jaura,
District Morena (M.P.) whereby, the appellant has been convicted as
under. :-
Section Act Imprisonment Fine Default (in lieu of fine) 326 IPC 3 years R.I. Rs.1000/- 6 months R.I. 323/34 IPC 3 months R.I. (each Rs.500/- 1 month R.I.
(two count) counts)
I.A. No.216/2022, 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 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
THE HIGH COURT OF MADHYA PRADESH Cr.A.No.231/2022 (Atar Singh Vs. State of M.P.)
appellant.
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 facts that sentence has already been
suspended by the trial Court, the appellant has remained bail
throughout trial and he has arguable case, but 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 the Registry of this
Court on 23/03/2022 and thereafter on all subsequent dates as may
be fixed by the office.
Application (I.A.No.216/2022) stands disposed of.
E-copy/Certified copy as per rules/directions.
(Satish Kumar Sharma) Judge Pawar/-
ASHISH PAWAR 2022.01.10 17:57:35 +05'30'
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