Darshan Lal vs The State Of Madhya Pradesh
2022 Latest Caselaw 7545 MP

                                                                      01

        THE HIGH COURT OF MADHYA PRADESH
                        Cr.A-4390/2022
               (Darshanlal & ors. Vs. State of M.P.)

Gwalior, Dated: 30.05.2022
       Shri S.K. Mishra, Counsel for the appellants.

      Shri K.S. Tomar, Public Prosecutor for the respondent/ State.

Heard on IA No.7864/2022, first application under Section

389 of CrPC filed on behalf of appellants for suspension of sentence

and grant of bail.

Vide judgment dated 29.04.2022 passed by First Additional

Sessions Judge Ambah District Morena in Sessions Trial

No.161/2019, the appellants have been convicted as under:-

Sections (IPC) Imprisonment Fine 148 of IPC One Year R.I. Rs.1000/- with default stipulation for one month 323/149 of IPC Six months RI Rs.500/- with default stipulation for fifteen days

It is submitted by counsel for the appellants that the

appellants were on bail during trial and did not misuse the liberty

granted to them. Fine amount has already been deposited by the

appellants. Since appeal is of 2022, final hearing of the appeal is

likely to take time. On such premises, learned counsel for the

appellants prayed for suspension of sentence.

On the other hand, the application is opposed by the State

Counsel.

Considering the facts and circumstances of the case, the

application for suspension of sentence is allowed. Subject to

verification of fine amount amount deposited by the appellants and

on furnishing a personal bond in the sum of Rs.25,000/- (Rupees

twenty five thousand only) each with one solvent surety in the

like amount to the satisfaction of the trial Court/CJM/Remand

Magistrate (whosoever is available) the remaining jail sentence of

the appellants shall remain suspended and they shall be released on

bail.

This order shall remain in force till conclusion/final disposal

of the present appeal.

The appellants shall now appear before the Registry of this

Court on 22nd August, 2022 and on all other subsequent dates as

may be fixed by the Registry in this regard.

Let record of court below be requisitioned.

CC as per rules.

                                        (Deepak Kumar Agarwal)
YOGENDRA
  ojha                                         V. Judge
OJHA
2022.05.31
13:38:45
+05'30'