Kamal Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 3762 MP

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        IN THE HIGH COURT OF MADHYA PRADESH AT
                                GWALIOR
                         CRA No. 7305 of 2021
           (KAMAL SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated:16.03.2022
        Shri Manish Sharma, Advocates for the appellants.

        Shri BPS Chauhan, learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.32730/2021 under Section 389 of Cr.P.C. filed

by appellant No. 1 Kamal Singh, appellant No.2 Ravindra Singh and

appellant No.3 Indrajeet Singh for suspension of sentence and grant of

bail.

Vide judgment dated 18.11.2021 passed by Special Judge

MPDVPK Act (Dacaiti), Gwalior (M.P.) in SC DOCT 700038/204 by

which the appellants have been convicted and sentenced as under:

Appellant No.1 Kamal Singh

Section Sentence Fine In default stipulation 412 of IPC 4 years RI Rs.1,000/- 3 months RI and Section 13 of MPDVPK Act

Appellant No.2

Section Sentence Fine In default stipulation 412 of IPC 4 years RI Rs.1,000/- 3 months RI and Section 13 of MPDVPK Act

Appellant No.3 Indrajeet Singh

Section Sentence Fine In default stipulation 412 of IPC 4 years RI Rs.1,000/- 3 months RI and Section 13 of MPDVPK Act

It is submitted by the counsel for the appellants that the

appellants were in custody for three months before the date of

judgment and they were in custody from the date of judgment i.e.

18.11.2021. The appellants were on bail during trial. They have not

misused the liberty granted by the trial Court. Fine amount has

already been deposited and the conclusion of the trial will take its own

time. Therefore, prayed for grant of suspension of sentence to the

appellants.

Heard learned counsel for the parties at length.

Considering the aforesaid facts and circumstances of the case,

without commenting anything on merits of the case,

I.A.No.32730/2021 allowed. Subject to verification of fine amount

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 he shall be released on

bail.

The appellants shall firstly appear before the Registry of this

Court on 14.06.2022 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
  2022.03.16
  18:47:42
  -07'00'