Citation : 2023 Latest Caselaw 5739 MP
Judgement Date : 10 April, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 4628 of 2023
(RAMMU @ RAMSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 10-04-2023
Shri Anshu Gupta - Advocate for the appellants.
Shri P.S. Raghuvanshi - Public Prosecutor for the respondents/ State.
I.A.No.5899/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants, namely, Rammu @ Ram Singh, Bhura Yadav and Raju Yadav.
This criminal appeal has been filed against the judgment dated 16.03.2023
passed in S.T.No.65/2016 by Special Judge(SC/ST) Act, District Vidisha (M.P.), whereby all the appellants have been convicted under Section 323/34 of IPC and Section 3(2)(v,a) of SC/ST Act and sentenced to undergo one month's R.I. with fine of Rs.1,000/- and under Section 325/34 of IPC and 3(2)(v,a) of SC/ST Act and sentenced to undergo one year's R.I. with fine of Rs. 1,000/- with default stipulations.
The allegation against the appellants is that they assaulted lathi upon the complainant and committed marpeet.
It is submitted by counsel for the appellants that the appellants have been
falsely implicated in the case. The appellants have suffered sufficient jail incarceration. Appeal is of the year 2023 which may take long time for its conclusion. Under these circumstances, the execution of sentence be suspended and appellants be released on bail.
On the contrary, learned counsel for the State opposed the application and prayed for its rejection.
Keeping in view of the aforesaid submissions of learned counsel for the Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 4/10/2023 6:41:25 PM
parties and the fact that an early hearing of this case is not possible, I.A.No.5899/2023 is allowed.
It is therefore, directed that if appellants deposit the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 17th July, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to the appellants shall remain suspended till further orders and they shall be released on bail.
Application I.A. No. 5899/2023 is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.
C.c. as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE
Adnan
Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 4/10/2023 6:41:25 PM
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