Agyaram Rathore vs The State Of Madhya Pradesh
2022 Latest Caselaw 12405 MP

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                 IN THE HIGH COURT OF MADHYA PRADESH
                              AT GWALIOR
                              CRA No. 8160 of 2022
              (AGYARAM RATHORE AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 16-09-2022
       Shri Brijendra Singh Gour, learned counsel for the appellants.

       Shri Purushottam Tanwar, learned Panel Lawyer for the respondent/State.

Heard on I.A. No. 14534 of 2022, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellants.

This Criminal Appeal assails the judgment dated 30.08.2022 passed in

ST No.240/2016, CIS S.T. No.165/2016 by Additional Sessions Judge, Lahar, District Bhind, (M.P.) whereby, appellants stood convicted under Section 325 read with Section 34 of the IPC and sentenced them to undergo 2 years RI with a fine of Rs.1,000/- with default stipulations.

Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellants without proper appreciation of facts of the case. It is further argued that the appellants were on bail during the trial and never misused the liberty so granted. This appeal will take time to be concluded. They are permanent resident of Lapwaha, Police Station, Lahar, District Bhind

(M.P) and there is no possibility of their absconsion. Hence, prayed to suspend the jail sentence and grant of bail to the appellants.

Counsel for the State vehemently opposed the application and prayed for its rejection.

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

Considering the arguments advanced by learned counsel for the parties,

without commenting on merits of the case, I.A.No. 14534 of 2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) each with a solvent surety of the like amount each to the satisfaction of the concerned trial Court, the remaining jail sentence of appellants shall remain suspended and they be released on bail. Appellants further directed to mark their appearance before the Office of this Court o n 22/11/2022 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course.

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

Monika

MONIKA SHARMA 2022.09.16 17:48:36 +05'30'