Mahesh Rawat vs The State Of Madhya Pradesh
2022 Latest Caselaw 6559 MP

                                         1
                HIGH COURT OF MADHYA PRADESH,
                          BENCH AT GWALIOR
                             CRA-3922-2022
                    (Mahesh Rawat & Ors. Vs. State of M.P.)

Gwalior, Dated : 02/05/2022

      Shri D.S. Tomar, learned counsel for the appellants.

      Shri Kuldeep Singh, learned Public Prosecutor 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 07/04/2022

passed by 2nd Additional Sessions Judge, Sabalgarh, District- Morena (M.P.) in

S.T. No.2900240/2016, whereby the appellants have been convicted and

sentenced as under:-

Sections Sentence Fine (Rs.) Default Stipulation

147 of IPC 1 Year RI 500/- 1 Month RI 148 of IPC 1 Year RI 500/- 1 Month RI 324 of IPC 1 Year RI 1,000/- 1 Month RI 324/149 of IPC 1 Year RI 1,000/- 1 Month RI 323/149 (3 counts) of IPC 6 Months RI 500/- 1 Month RI

I.A. No.6913/2022, 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

to 6- Mahesh Rawat, Suresh Rawat, Ganesh @ Ganesh Rawat, Bhagirath

Rawat, Parasram Rawat and Bhanmarpal Rawat 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 counsel for the appellants further submits that

cross case was also registered for the same incident wherein the complainant

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-3922-2022 (Mahesh Rawat & Ors. Vs. State of M.P.)

party has also been convicted in the cross-case. Learned trial Court has already

suspended their jail sentence for a period of one month from the date of

judgment. Disposal of appeal shall take considerable time, therefore, he prays

for suspension of sentence and grant of bail to the appellants.

Per contra, learned Public Prosecutor 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 heard to the facts that in cross case complainant party has

stated to be convicted and sentence has already been suspended by the trial

Court, the appellants have remained on bail throughout trial, but without

expressing any opinion of merits, I.A. No.6913/2022 is allowed.

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 one

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

Court, for their appearance before the Registry of this Court on 20th of July,

2022 and thereafter on all subsequent dates as may be fixed by the office.

Application (IA No.6913/2022) 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=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4dee473fe779 53f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D159B55575 E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.05.04 09:37:48 +05'30'