Moti Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 8661 MP

1                              Cr.A.No.4525/2022
                        (Moti Singh Vs. State of M.P.)

Indore : Dated 29.6.2022
       Shri S.S.Tuteja, learned counsel for the appellants.
       Shri Kaustubh Pathak, learned Panel Lawyer for the
respondent/State.

Heard on admission.

Appeal is admitted for final hearing.

Also heard on I.A.No.7051/2022, application for grant of suspension of sentence filed on behalf of appellants.

The trial Court has convicted the appellants under Section 420 IPC and sentenced to undergo three years' RI with fine of Rs.1,000/-, under Section 420/120-B IPC and sentenced to undergo three years' RI with fine of Rs.1,000/- each, with default stipulation, vide judgment of conviction and order of sentence dated 7.5.2022 passed by 2 nd Addl.Sessions Judge, Dewas in S.T.No.102/2017.

Learned counsel for the appellants submits that learned trial Court has committed error in holding the appellant guilty for the aforesaid offences. The appellants were on bail during trial and they have not misused the liberty granted to them. The trial Court has already suspended the sentence till 8.6.2022. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellants prays for suspension of remaining jail sentence and grant of the bail to the appellants.

Learned counsel for the respondent/State has opposed the prayer.

(Moti Singh Vs. State of M.P.)

Having considered the rival submissions, material produced on record and also considering overall material produced on record, there is no likelihood of hearing of appeal in near future, but without expressing any opinion on merits of the case, the application I.A.No.7051/2022 is allowed and jail sentence of the appellants shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, they shall be released on bail, on each of them furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with separate solvent sureties in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 25.7.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No.7051/2022 is allowed.

List for hearing in due course.

C.C. as per rules.

(Satyendra Kumar Singh) Judge

Patil Digitally signed by SHAILESH PATIL Date: 2022.06.30 10:06:37 +05'30'