Prem Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 705 MP

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         THE HIGH COURT OF MADHYA PRADESH
                        CRA No. 425 of 2022
         [PREM SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH]

Gwalior, Dated:-14.01.2022
      Heard through video conferencing.
      Shri Atul Gupta, 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 14.12.2021

passed in S.T.No.200180/2016, by First Additional Sessions Judge,

Ganjbasoda, District Vidisha (M.P.) whereby, the appellants have

been convicted and sentenced as mentioned hereinbelow:-

        Section        Imprisonment                    Fine
    323/34 IPC        6 months' R.I.         Rs.10,00/- with default
                                             stipulation
    324/34 IPC        One year's R.I.
                                    Rs.10,00/- with default
                                    stipulation

I.A.No.548/2022, an application for grant of suspension of

sentence moved on behalf of appellant 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 for a period of one month from the

date of judgment. Fine amount has already been deposited. Disposal

of appeal shall take considerable time, therefore, prays for

suspension of sentence and grant of bail to the appellants.

Per contra, learned Panel Lawyer for the respondent/State

THE HIGH COURT OF MADHYA PRADESH CRA No. 425 of 2022 [PREM SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH]

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 concerned trial Court, for their appearance before the trial Court

Ganjbasoda, District Vidisha (M.P.) on 28/03/2022 and thereafter

on all subsequent dates as may be fixed by the trial Court.

Application (I.A.No.548/2022) stands disposed of.

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

(Satish Kumar Sharma) Judge vpn VIPIN KUMAR AGRAHARI 2022.01.14 17:20:00 +05'30' VALSALA VASUDEVAN 2018.10.26 15:14:29 -07'00'