Mahesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 794 MP

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        The High Court Of Madhya Pradesh
                  CRA No. 499 of 2022
                (MAHESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 17-01-2022
       Heard through Video Conferencing.

       Shri Mayank Bajpai, learned counsel for the appellants.
       Shri Sangam Jain, learend Public Prosecutor for the respondent-State.

Admit.

Record of the Trial Court be called for, if not called. I.A.No.641/2022, an application under Section 389 of Cr.P.C. for

suspension of sentence and grant of bail on behalf of appellants, namely, Mahesh, Sukhan Singh @ Bhura, Dhilan Singh and Narendra Singh and Vasudev respectively.

This Criminal Appeal assails the judgment dated 31.12.2021 passed in S.T.No.44/2015; whereby, appellant No.1-Mahesh stands convicted under Sections 324, 323(on four counts) and sentenced to undergo one year RI and 01 month RI with fine of Rs.1,000/- & 250 respectively with default stipulation and appellant No.2-Sukhan Singh @ Bhura stands convicted under Sections 324, 323(on four counts) and sentenced to undergo one year RI and

01 month RI with fine of Rs.1,000/- & 250 respectively with default stipulation, appellant No.3-Dhilan Singh stands convicted under Section 323(on four counts) and sentenced to undergo 01 month RI with fine of Rs.250/- with default stipulation and appellant No.4-Narendra Singh stands convicted under Sections 323(on four counts) and sentenced to undergo 01 month RI with fine of Rs.250/- with default stipulation and appellant No.5- Vasudev stands convicted under Sections 323 (on four counts) and sentenced to undergo 01 month RI with fine of Rs.250/- with default stipulation.

Learned counsel for the appellants, namely, Mahesh, Sukhan Singh @ Bhura, Dhilan Singh and Narendra Singh and Vasudev submits that the Court below has already suspended the jail sentence of the appellants and

the amount of fine has already been deposited. There is no possibility of final hearing of this appeal in near future. Appellants are ready to abide by any condition which may be imposed by this Court. Hence, prayed to suspend the remaining jail sentence of appellants.

Considering the short period of sentence as well as the fact that the Trial Court has already suspended the sentence, application is allowed. On

the appellants' furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each along-with one surety each in the like amount to the satisfaction of the Trial Court, it is directed that the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant shall appear before the office of this Court on 15/3/2022 and on subsequent dates given by the Office for appearance till the disposal of the present appeal.

List the case for final hearing in due course. Certified copy/ e-copy as per rules/directions.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

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