Raju @ Rajendra Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 4087 MP

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              HIGH COURT OF MADHYA PRADESH,
                        BENCH AT GWALIOR
                           CRA-2754-2022
           (Raju @ Rajendra Singh & Anr. Vs. State of M.P.)



Gwalior, Dated : 24/03/2022

      Shri Bhupendra Singh Dhakad, learned counsel for the

appellants.

      Smt. Padamshri Agrawal, learned Panel Lawyer for the

respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence, it is admitted for final

hearing.

Learned counsel for the respondent/State accepts notice on

behalf of the respondent/State.

Record of the trial Court be called for.

This appeal has been preferred against the judgment dated

28/02/2022 passed by 1 st Additional Sessions Judge, Sabalgarh,

District- Morena (M.P.) in S.T. No.100042/2016, whereby the

appellants have been convicted and sentenced as under:-

Sections Sentence Fine (Rs.) Default Stipulation Appellant No.1 325 of IPC 2 Years RI 2,000/- 3 Months RI

Raju @ Rajendra Singh Tomar 325 read with 2 Years RI 2,000/- 3 Months RI Appellant No.2 34 of IPC

Naresh Singh Sikarwar

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-2754-2022 (Raju @ Rajendra Singh & Anr. Vs. State of M.P.)

I.A.No.4632/2022, an application under Section 389 (1) of

Cr.P.C. for suspension of sentence and grant of bail moved on behalf

of the appellants No.1 & 2- Raju @ Rajendra Singh Tomar and

Naresh Singh Sikarwar respectively.

Learned counsel for the appellants submits that

accused/appellants have been falsely implicated in this case and they

are not concerned with the case directly or indirectly. Learned trial

Court has already suspended their jail sentence for a period of one

month from the date of judgment. The fine amount has already been

deposited by them. Disposal of appeal shall take considerable time,

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

appellants.

Per contra, learned Panel Lawyer appearing on behalf of the

respondent/State opposed the prayer and prayed for dismissal of this

application.

Keeping in view of the aforesaid facts and circumstances of the

case particularly, having regard to the facts that sentence has already

been suspended by the trial Court, the appellants have remained bail

throughout trial, but without expressing any opinion of merits, I.A.

No.4632/2022 is allowed.

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-2754-2022 (Raju @ Rajendra Singh & Anr. Vs. State of M.P.)

It is, therefore, directed that sentence of appellants shall remain

under suspension subject to depositing fine amount and on their

furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty

Thousand Only) each with two solvent sureties each of the like

amount to the satisfaction of concerned trial Court, for their

appearance before the Registry of this Court on 20th of June, 2022 and

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

Application (IA No.4632/2022) stands disposed of.

Certified copy/e-copy as per rules/directions.

(SATISH KUMAR SHARMA) JUDGE

rahul

Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4d ee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D 159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.03.25 16:32:58 +05'30'