Babu Lal vs The State Of Madhya Pradesh
2022 Latest Caselaw 464 MP

                                  1
        THE HIGH COURT OF MADHYA PRADESH
                        Cr.A.No.244/2022
               (Babulal and others Vs. State of M.P.)

Gwalior, Dated:-10.1.2022
      Shri D.R. Sharma, learned counsel for the appellants.
      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 16.12.2021

passed in Special Case No.102/2016, by Special Judge, SC/ST Act,

1989, Guna (M.P.) whereby, the appellants have been convicted and

sentenced as mentioned hereinbelow:-

Appellant no.1-Babulal, appellant no.2-Sunil Yadav, appellant

no.3-Masta and appellant No.7-Jitu alias Jitendra have been

convicted as under:

Section Act           Imprisonment        Fine          Default (in
                                                        lieu of fine)
147      IPC          6 months            Rs.500/-      1 month
323/149 IPC        6 months           Rs.500/- 1 month
three
counts

Appellant no.4-Jaimandal, appellant no5-Krishnabhan and

appellant no.6-Golu Yadav have been convicted as under:

Section Act           Imprisonment        Fine          Default (in
                                                        lieu of fine)
147      IPC          6 months            Rs.500/-      1 month
323/149 IPC           6 months            Rs.500/-      1 month
three

           THE HIGH COURT OF MADHYA PRADESH
                         Cr.A.No.244/2022

(Babulal and others Vs. State of M.P.)

counts 452 IPC 1 year Rs.500/- 1 month I.A.No.239/2022, 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 HIGH COURT OF MADHYA PRADESH Cr.A.No.244/2022 (Babulal and others Vs. State of M.P.)

the concerned trial Court, for their 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.239/2022) stands disposed of.

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

(Satish Kumar Sharma) Judge Pawar/-

ASHISH PAWAR 2022.01.10 17:56:29 +05'30'