Pavan vs The State Of Madhya Pradesh
2022 Latest Caselaw 7561 MP

                                      1
       IN THE HIGH COURT OF MADHYA PRADESH
                             AT GWALIOR


              CRIMINAL APPEAL No.4715/2022
              (Pavan & Another Vs. State of M.P.)
Gwalior dated 2.6.2022
      Shri Rishikesh Bohare, learned counsel for the appellants.
      Shri Anil Shukla, learned Public Prosecutor for the
respondent/State.

Heard on admission.

Appeal being arguable is admitted for final hearing.

Record of the trial Court be called for.

Also heard on IA.No.8647/2022, first application u/Sec.

389(1) of Cr.P.C. for suspension of sentence and grant of bail filed

on behalf of appellants- Pavan & Devendra.

Vide judgment dated 5.5.2022 passed by the Sessions

Judge, Guna, in S.T.No.279/2017 appellants have been convicted

under Sections 452, 326 and 323/34 of IPC and sentenced to

undergo 2 years RI with fine of Rs.1,000/-, 3 years RI with fine of

Rs.1,000/- and 6 months RI with fine of Rs.500/- respectively

with default stipulation.

It is submitted by learned counsel for the appellants that

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

during trial appellants were on bail, but they did not misuse the

liberty so granted. Trial Court has also suspended their sentence

for a period of one month from the date of judgment. Amount of

fine has been deposited by them. They have a good case on

merits. Final hearing of the appeal will take time. Therefore,

prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and

prayed for its rejection.

Considering the facts and circumstances of the case, but

without commenting upon merits of the case, IA.No.8647/2022 is

allowed and it is directed that jail sentence of appellants will

remain under suspension subject to verification that amount of

fine has been deposited, on appellants' furnishing bail bond of

Rs.25,000/- (Rupees Twenty Five Thousand Only) each with

one solvent surety each of the like amount to the satisfaction of

concerned Trial Court for their appearance before the Principal

Registrar of this Court on 12th December, 2022 and on such

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

further dates as may be fixed by the office in this regard till

disposal of the appeal.

C.c. as per rules.

(Deepak Kumar Agarwal) Judge ms/-

MADHU SOODAN PRASAD 2022.06.03 13:18:38 +05'00'