Shivam @ Bittu vs The State Of Madhya Pradesh
2022 Latest Caselaw 516 MP

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             THE HIGH COURT OF MADHYA PRADESH
                             CRA No. 274 of 2022
              [SHIVAM @ BITTU Vs THE STATE OF MADHYA PRADESH]

Gwalior, dt. :11/01/2022

      Shri Nirmal Sharma, learned counsel for appellant.

      Shri Nitin Goyal, learned Panel Lawyer for respondent/State.

Heard through Video Conferencing.

Record of court below be called for.

Appeal being arguable is admitted for hearing.

This criminal appeal assails the judgment dated 22/12/2021 passed in

S.T.No.216/2018, by Sessions Judge, Bhind (M.P.) whereby the appellant

has been convicted as under. :-

           Section            Imprisonment                 Fine
    458 IPC               Three years' R.I.     Rs.3,000/- with default
                                                stipulation
    326 IPC               Three years' R.I.     Rs.4,000/- with default
                                                stipulation

I.A.No.283/2022, 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 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, 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.283/2022) stands disposed of.

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

(Satish Kumar Sharma) Judge vpn

VIPIN KUMAR AGRAHARI 2022.01.12 VALSALA VASUDEVAN 2018.10.26 15:14:29 -07'00' 10:49:17 +05'30'