Santosh vs The State Of Madhya Pradesh
2022 Latest Caselaw 561 MP

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        THE HIGH COURT OF MADHYA PRADESH
                        Cr.A.No.164/2022
               (Santosh and others Vs. State of M.P.)

Gwalior, Dated:-12.01.2022
      Heard through video conferencing.
      Shri Rinku Shakya, learned counsel for the appellants.
      Shri   Nitin    Goyal,     learned     Panel   Lawyer       for      the
respondent/State.

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 S.T.No.191/2016, by First Additional District Judge, Guna

(M.P.) whereby, the appellants have been convicted and sentenced as

mentioned hereinbelow:-

Appellant No.01-Sanotsh, Appellant No.02-Kamla Bai,

Appellant no.3-Purushottam, Appellant no.6-Mukesh, Appellant

No.07- Preetam, Appellant No.08- Janki Bai and Appellant No.09-

Shobha Chaurasiya have been convicted as under:-

Section Act           Imprisonment           Fine          Default (in
                                                           lieu of fine)
147      IPC          6 months               Rs.500/-      1 month
326/149 IPC           3 years                Rs.1,000/- 1 month
323/149 IPC           6 months               Rs.500/-      1 month
eight
counts
      Appellant      no.4-Kamal     Singh,     appellant      no.5-Vishnu

Chaurasiya have been convicted as under:

THE HIGH COURT OF MADHYA PRADESH Cr.A.No.164/2022 (Santosh and others Vs. State of M.P.)

Section Act Imprisonment Fine Default (in lieu of fine) 147 IPC 6 months Rs.500/- 1 month 452 IPC 1 year Rs.500/- 1 month 326/149 IPC 3 years Rs.1,000/- 1 month 323/149 IPC 6 months Rs.500/- 1 month eight counts I.A.No.153/2022, 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. It

is further submitted in cross-case regarding the same incident, the

sentence of co-accused persons have already been suspended by this

Court vide order dated 10/01/2022 in Cr.A. No.244/2022, therefore,

prays for suspension of sentence and grant of bail to the appellants.

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 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

THE HIGH COURT OF MADHYA PRADESH Cr.A.No.164/2022 (Santosh and others Vs. State of M.P.)

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 concerned trial Court, for their appearance before the Registry of

this Court on 25/03/2022 and thereafter on all subsequent dates as

may be fixed by the office.

Application (I.A.No.153/2022) stands disposed of.

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

(Satish Kumar Sharma) Judge vpn VIPIN KUMAR AGRAHARI 2022.01.13 10:32:00 +05'30' VALSALA VASUDEVAN 2018.10.26 15:14:29 -07'00'