Amar Singh Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 3605 MP

      The High Court Of Madhya Pradesh

                        CRA No. 2098 of 2022
      (AMAR SINGH SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)



Gwalior, Dated:-14/03/2022
      Shri Ram Kishor Sharma, learned counsel for the appellants.

      Shri Purushottam Tanwar, learned Panel Lawyer for the

respondent/State.

Admit.

Record of Court below be called for.

Heard on I.A.No.3446/2022, first application under Section

389(1) of Cr.P.C. for suspension of jail sentence on behalf of the

appellants.

This criminal appeal has been filed against the judgment dated

11/02/2022 passed by IVth Additional Sessions Judge, Bhind in ST

No.101/2018. The appellants have been convicted and sentenced as

under:-

Section             Sentence          Fine             In        default
                                                       stipulation
325 of IPC          2 years of R.I.   Rs.1000/-        One month R.I.
325/34 of IPC       2-2 years of RI   Rs.1000/-        One month RI
323/34 of IPC       3-3 years of RI   Rs.200/-         One month RI

It is submitted by the Counsel for the appellants that the

appellants have already been suspended by the trial Court. It is

submitted 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 lot of contradictions and

omissions in the evidence of the prosecution witnesses. Fine amount has already been deposited by the appellants. It is also submitted that

hearing of this appeal shall take a considerable long time. Therefore,

prays to suspend the remaining jail sentence of the appellants.

Learned State counsel has vehemently opposed the submission

and prayed for its rejection.

Heard learned counsel for the parties and perused the

documents available on record.

In view of the aforesaid and considering the facts and

circumstances of the present case, without commenting upon the

merits of the case, it would be appropriate to accept the application of

the appellants.

Consequently, I.A.No.3446/2022 is hereby allowed.

If the appellants furnish bail bond in the sum of Rs.25,000/-

(Rupees Twenty Five Thousand Only) each with one surety each of

the like amount to the satisfaction of the trial Court, the remaining jail

sentence of the appellants shall remain suspended and they be released

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

before the Registry of this Court on 27/06/2022 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.

Certified copy as per rules.

(Rajeev Kumar Shrivastava) Judge Monika

MONIKA SHARMA 2022.03.15 10:20:22 +05'30'