Ramautar Baghel vs The State Of Madhya Pradesh
2022 Latest Caselaw 3334 MP

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          THE HIGH COURT OF MADHYA PRADESH

                        Cr.A. No.2004/2022
              (Ramautar Baghel & Anr. Vs. State of M.P.)
Gwalior, Dated:-09/03/2022
      Shri Ankur Tiwari, learned counsel for the appellants.

      Shri Purushottam Tanwar, learned Public Prosecutor for the

respondent/State.

Let record of the Court below be called for, if already not

called.

Appeal being arguable is admitted for final hearing.

Heard on I.A.No.3246/2022, first application under

Section 389 of Cr.P.C. for suspension of jail sentence moved on behalf

of appellants, namely, Ramautar Baghel & Fodal Baghel.

This criminal appeal has been filed against the judgment dated

11/01/2022 passed by Third Additional Sessions Judge, Bhind (M.P.) in

ST No.222/2017 by which appellants have been convicted under Section

323 of IPC and sentenced to undergo three months RI each with fine of

Rs.200/- each and also convicted under Section 323/34 of IPC and

sentenced to undergo three months RI each with fine of Rs.200/- each

with default stipulations.

It is submitted by the learned counsel for appellants - Ramautar

Baghel & Fodal Baghel that this is the first application for suspension

of sentence on behalf of the appellants. Appellants have wrongly been

convicted & sentenced by the trial Court. There are lots of contradictions

and omissions in the evidence of the prosecution witnesses. It is also

submitted that fine amount has already been deposited by the appellants.

Final hearing of this appeal shall take considerably long time. Therefore,

considering the short period of sentence, learned counsel prays to

THE HIGH COURT OF MADHYA PRADESH

suspend the jail sentence of the appellants.

Learned State counsel has vehemently opposed the submissions

and prayed to reject the application for suspension of sentence.

Heard learned counsel for the parties and perused the documents

available on record.

Considering the arguments advanced by learned counsel for the

parties along with facts and circumstances of the case as well as short

period of sentence awarded by the trial Court, without commenting on

merits of the case, I.A. No.3246/2022 is hereby allowed. Subject to

depositing of fine amount, if not already deposited, and on furnishing

personal bond of Rs.25,000/- (Rupees Twenty Five Thousand only)

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

of the concerned Court, the remaining jail sentence of appellants -

Ramautar Baghel & Fodal Baghel shall remain suspended and they be

released on bail. The appellants are further directed to mark their

appearance before the Office of this Court on 09/05/2022 and on

subsequent dates given by the Office in this regard, till final disposal of

this appeal.

List the case for final hearing in due course.

Let a copy of this order be sent to the Court below concerned for

information.

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

(Rajeev Kumar Shrivastava) Judge Shubhankar*

Digitally signed by SHUBHANKAR MISHRA Date: 2022.03.09 16:56:04 +05'30'