Chandrabhan Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 4016 MP

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                   The High Court Of Madhya Pradesh
                          CRA No. 2701 of 2022
            (CHANDRABHAN YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 23/03/2022

         Shri S.K. Shrivastava, learned counsel for the appellants.

         Ms. Padamshri Agarwal, learned Panel Lawyer for the respondent-

State.

Appeal being arguable is admitted for hearing.

Record of the court below be requisitioned.

This criminal appeal assails the judgment dated 21/02/2022 passed in

S.T.No.500190/2016, by First Additional Sessions Judge, Guna (M.P.)

(M.P.) whereby the appellants have been convicted and sentenced as

under. :-

             Section          Imprisonment                  Fine
    326/34 of IPC            Three years' R.I. Rs. 1000/- with default
                                               stipulation

I.A.No.4538/2022, an application for grant of suspension of sentence

moved on behalf of appellants is taken up and considered.

Learned counsel for the appellants submits that appellants have been

convicted without any legal evidence and they have been falsely implicated

in the matter. Cross case was also registered against the complainant party

and they have also been convicted. Compromise has been arrived at between

the parties. Sentence imposed against the appellants has already been

suspended by the Trial Court. Disposal of the appeal shall take considerable

time, therefore, he prays for suspension of sentence and grant of bail to the

appellants.

Per contra, learned Panel Lawyer for the respondent/State opposed

the prayer and prayed for dismissal of this application.

Keeping in view the facts and circumstances of the case, particularly,

having regard to the fact that both the parties have been convicted in the

same incident and compromise has been arrived at between the parties, but

without expressing any opinion on merits, the application for suspension of

sentence is allowed.

It is directed that jail sentence of appellants will remain under

suspension subject to depositing fine amount and on their furnishing

personal bond of Rs.50,000/- (Rs. Fifty thousand only) each with a

solvent surety of the like amount to the satisfaction of the concerned trial

Court, for their appearance before the Registry of this Court on 04/07/2022

and thereafter on all subsequent dates as may be fixed by the office.

Application (I.A.No.4538/2022) stands disposed of.

Certified copy as per rules .

(Satish Kumar Sharma) Judge Prachi PRACHI MISHRA 2022.03.24 10:10:11 +05'30'