Pradeep vs The State Of Madhya Pradesh
2022 Latest Caselaw 3189 MP

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          The High Court Of Madhya Pradesh
                        CRA No. 2148 of 2022
           (PRADEEP AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated:07.03.2022
      Shri Vibhor Kumar Sahu, learned counsel for the appellants.

      Shri Avneesh Singh, learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.3532/22 under Section 389 of Cr.P.C. filed by

appellant No.1 Pradeep and appellant No.2 Sonu @ Sukhcharan Sikh

for suspension of sentence and grant of bail.

Vide judgment dated 08.02.2022 passed by learned First

Additional Sessions Judge, Ashoknagar (M.P.) in S.T.No.4/2019, the

appellants have been convicted and sentenced as under:

Section Sentence Fine In default stipulation 329 read 3 years RI Rs.1,000/- 2 months for each of with for each for each. appellant.

Section 34 appellant.

of IPC

It is submitted by the counsel for the appellants that appellant

No.1 Pradeep is in custody from 06.10.2018 to 12.10.2018 and

23.12.2021 till from the date of judgment. Appellant No.2 Sonu was in

custody from date 06.10.2018 to 12.10.2018 only and at present he has

been granted temporary bail with the purpose of filing the present

appeal and he has been scheduled to be surrendered before the trial

Court on 08.03.2022. Conclusion of the trial will take time.

Therefore, appellants pray for grant of suspension of sentence.

Heard learned counsel for the parties at length.

In view of the aforesaid and considering the facts and

circumstances of the present case and also considering the period of

custody and the fact that the disposal of the appeal will take its own

time, without commenting upon the merits of the case, it would be

appropriate to accept the application of the appellants.

Considering the aforesaid facts and circumstances of the case,

without commenting anything on merits of the case, I.A.No.3532/22

is allowed. Subject to verification of fine amount deposited by the

appellants and on furnishing a personal bond in the sum of

Rs.25,000/- (Rupees Twenty Five thousand only) each with one

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

concerned trial Court, the remaining jail sentence of the appellants

shall remain suspended and they shall be released on bail.

The appellants shall firstly appear before the Registry of this

Court on 13th June, 2022 and thereafter on all other subsequent date

as may be fixed by the Registry in this regard, till disposal of this

appeal.

C.C.as per rules.

                                              (Deepak Kumar Agarwal)
mani                                                Judge


SUBASRI
MANI
2022.03.08
10:17:33
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