Narendra vs The State Of Madhya Pradesh
2022 Latest Caselaw 709 MP

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            THE HIGH COURT OF MADHYA PRADESH
                           CRA No. 408 of 2022
              [ NARENDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH ]

Gwalior, dt. :14/01/2022

      Heard through Video Conferencing.

      Shri Arun Pateriya, learned counsel for appellants.

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

Record of court below be called for.

Appeal being arguable is admitted for hearing.

This criminal appeal assails the judgment dated 13/12/2021 passed in

S.T.No.07/2012, by First Additional Sessions Judge, Ashoknagar District

Ashoknagar (M.P.) whereby the appellants have been convicted as under. :-

           Section           Imprisonment                Fine
    148 IPC                One year's RI        -
    325/149 IPC (seven Two Years'            RI Rs.500/- (each count)
    counts)            (each count)             with default
                                                stipulation
    323/149 (four          Six months' RI       ----
    counts)

I.A.No.514/2022, 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 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 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 Registry of this Court on

28/03/2022 and thereafter on all subsequent dates as may be fixed by the

office.

Application (I.A.No.514/2022) stands disposed of.

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

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