Sunderlal vs The State Of Madhya Pradesh
2022 Latest Caselaw 3771 MP

1                            Cr.A.No.2029/2022
                         (Sunderlal Vs. State of M.P.)

Indore : Dated 16.3.2022
      Shri Mayank Yadav, learned counsel for the appellants.
      Ms.     Mamta     Shandilya,     learned    Govt.Advocate       for   the
respondent/State.

Heard on I.A.No.3528/2022, application for suspension of sentence and grant of bail to appellants No.2 and 3.

The trial Court has convicted the appellants under Section 326/34 of IPC and sentenced to undergo three years' RI with fine of Rs.2,000/- each, with default stipulation vide judgment of conviction and order of sentence dated 16.2.2022 passed by Addl.Sessions Judge, Barnagar, District Ujjain in S.T. No.640/2018.

Learned counsel for the appellants submits that learned trial Court has committed an error in holding the appellants guilty for the aforesaid offences. Learned counsel for the appellant further submits that the trial Court has not properly appreciated the evidence available on record. 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 16.4.2022. 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 appearing for the respondent/State has opposed the prayer.

Considering the rival submissions, the sentence imposed on the appellants and also other facts and circumstances of the case and there is no likelihood of hearing of appeal in near future, without expressing any opinion on merits of the matter I.A.No.3528/2022 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 furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each along with separate solvent sureties in the like amount to the satisfaction of trial

(Sunderlal Vs. State of M.P.)

Court, for their appearance before the Registry of this Court firstly on 09.05.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No.3528/2022 is allowed.

List in due course for final hearing.

C.C. as per rules.

(Satyendra Kumar Singh) Judge

Patil

Digitally signed by SHAILESH PATIL Date: 2022.03.16 16:50:57 +05'30'