Kaliyan vs The State Of Madhya Pradesh
2022 Latest Caselaw 14244 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      CRA No. 9470 of 2022
                                          (KALIYAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 03-11-2022
                                Shri Suraj Pratap Singh Kushwah, learned counsel for the appellants.

                                Shri B.M.Shrivastava, learned Public Prosecutor for the State.
                                Admit.
                                Heard on I.A. No. 16229 of 2022, which is first application under
                          Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved on
                          behalf of the appellants.

                                This Criminal Appeal assails the judgment dated 21.09.2022 passed in
                          S.T. No. 109/2017 by First Additional Sessions Judge, Gohad District Bhind
                          (M.P.) whereby, each of the appellants stood convicted under Section 325 of
                          IPC and sentenced to undergo rigorous imprisonment of two years with a fine
                          of Rs. 1,000/- with default stipulation.
                                Learned counsel for the appellants submits that the trial Court has
                          wrongly convicted the appellant without proper appreciation of facts of the
                          case, appellants have suffered more than one month of incarceration out of total
                          punishment of two years. 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 for the respondent/State

vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the material available on record.

Considering the arguments advanced by learned counsel for the parties, Signature Not Verified Signed by: ALOK KUMAR Signing time: 04-Nov-22 11:33:58 AM

without commenting on merits of the case, I.A.No. 16229 of 2022 is hereby allowed. The remaining jail sentence of appellants, subject to depositing fine amount, if not already deposited, and on each of them furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, shall remain suspended and they shall be released on bail. The appellants are further directed to mark their appearance before the Registry of this Court first on 07.12.2022 and on subsequent dates as may be fixed by the Registry in this regard till final disposal of the appeal.

A copy of this order be sent to the concerned Court below for

compliance.

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

(SUNITA YADAV) JUDGE

vj

Signature Not Verified Signed by: ALOK KUMAR Signing time: 04-Nov-22 11:33:58 AM