Takhat Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 66 MP

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             THE HIGH COURT OF MADHYA PRADESH
                           CRA No. 8157-2021
               (Takhat Singh and Ors. Vs. State of M.P.)

Gwalior, dt. :03.01.2022

      Shri S.K. Mishra, learned counsel for appellants.

      Shri Ravindra Singh Kushwah, learned Dy. Advocate General 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 14/12/2021 passed in

S.T. No.200247/2014, by 1th Additional Sessions Judge, Ganbasoda,

District Vidisha (M.P.) whereby the appellants have been convicted as

under. :-

Appellant No.01-Takhat Singh

Section Imprisonment Fine 452 IPC One year's R.I. Rs.1,000/- with default stipulation 307/34 IPC Three years' R.I. Rs.1,000/- with default stipulation 324/34 IPC (two One year's R.I. Rs.1,000/- with default counts) stipulation 323/34 IPC (four Six months' R.I. Rs.500/- with default counts) stipulation

Appellant No.02-Charan Singh @ Golu

Section Imprisonment Fine 452 IPC One year's R.I. Rs.1,000/- with default stipulation

307/34 IPC Three years' R.I. Rs.1,000/- with default stipulation 324/34 IPC (two One year's R.I. Rs.1,000/- with default counts) stipulation 323/34 IPC (four Six months' R.I. Rs.500/- with default counts) stipulation

Appellant No.03-Chhatar Singh

Section Imprisonment Fine 452 IPC One year's R.I. Rs.1,000/- with default stipulation 307/34 IPC Three years' R.I. Rs.1,000/- with default stipulation 324/34 IPC (two One year's R.I. Rs.1,000/- with default counts) stipulation 323/34 IPC (four Six months' R.I. Rs.500/- with default counts) stipulation

Appellant No.04-Tikaram

Section Imprisonment Fine 452 IPC One year's R.I. Rs.1,000/- with default stipulation 307/34 IPC Three years' R.I. Rs.1,000/- with default stipulation 324/34 IPC (two One year's R.I. Rs.1,000/- with default counts) stipulation 323/34 IPC (four Six months' R.I. Rs.500/- with default counts) stipulation

I.A. No.33884/2021, an application for grant of suspension of

sentence moved on behalf of appellants is 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. Disposal of appeal shall take considerable time, therefore, he prays

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

Per contra, learned Dy. Advocate General 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 appellants have remained bail

throughout trial, 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 of the like amount to the satisfaction of the concerned

trial Court, for their 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 2022.01.04 VALSALA VASUDEVAN 2018.10.26 15:14:29 -07'00' 10:38:47 +05'30'