Datar Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 3929 MP

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  IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
                             CRA No. 8023 of 2021
               (DATAR SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 22-03-2022
         Shri Nirmal Sharma, learned counsel for the appellants.
         Shri Manish Nayak, learned Panel Lawyer for the respondent-

State.

I.A. No.3748/2022, an application under Section 301(2) of CrPC, is taken up, considered and allowed for the reasons mentioned therein.

Accordingly, Shri Suraj Pratap Singh, learned counsel and his

associates are permitted to appear on behalf of the complainants to assist the State counsel.

Admit.

Record of the Trial Court be called for, if not called. Also heard on I.A.No.33678/2021, an application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail on behalf of appellants No.1 to 3, namely, Datar Singh, Yogendra @ Jogendra Singh and Karamveer Singh respectively.

T hi s Criminal Appeal assails the judgment dated 08.12.2021 passed in S.T. No.37/2017; whereby, appellants stand convicted for the offence under Sections 307 of the IPC and sentenced to undergo three years RI with fine of Rs.5,000/- and under Section 324/34 of the IPC and sentenced to undergo one year RI with fine of Rs.1,000/- (on three counts) with default stipulation.

Learned counsel for the appellants, namely, Datar Singh, Yogendra @ Jogendra Singh and Karamveer Singh submits that the Court below has already suspended the jail sentence of the appellants for a period of 30 days from the date of judgement i.e. 8/12/2021 and the amount of fine has already been deposited. There is no possibility of final hearing of this appeal in near future. Appellants are ready to abide

by any condition which may be imposed by this Court. Hence, prayed to suspend the remaining jail sentence of appellants.

Per contra, learned State counsel as well as counsel for the complainants opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case as well as the

fact that the trial Court has already suspended the jail sentence of the appellants, the application is allowed. On the appellants' furnishing a personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand only) each along with one surety each in the like amount to the satisfaction of the Trial Court, it is directed that the remaining jail sentence of the appellant shall remain suspended and they be released on bail. The appellants shall appear before the Office of this Court on 23/6/2022 and on subsequent dates given by the Office for appearance till the disposal of the present appeal.

List the case for final hearing in due course. Certified copy/ e-copy as per rules/directions.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

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PAWAN KUMAR 2022.03.22 16:36:10 +05'30'