Pramod Alias Lakhi Kaurav vs The State Of Madhya Pradesh
2023 Latest Caselaw 6608 MP

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                        CRA No. 6916 of 2022
                                   (PRAMOD ALIAS LAKHI KAURAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                            Dated : 24-04-2023
                                  Shri Pradeep Katare, learned counsel for the Petitioner Nos. 1 and 6.

                                  Shri Amit Kumar Goswami, learned counsel for the petitioner No.3.
                                  Shri Nitin Goyal, learned Panel lawyer for the State.
                                  Shri    Jitendra    Kumar         Sharma,   learned     counsel    for   the
                            respondent/complainant.

Heard on I.A.Nos.6850/2023 and 6879/2023, first application u/Sec.

389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants Ravindra and Jitendra.

This criminal appeal has been filed against the judgment dated 20.07.2022 passed in S.T. No. 100069/2015 by First Additional Sessions Judge Gohad Dist. Bhind whereby the appellants have been convicted under Sections 147, 148, 307/149 and 323/149 and sentenced to undergo six months RI, one year R.I., ten years RI and six months RI with fine of Rs.500/-, Rs.500/-, Rs.2000/- and Rs.500/- respectively with default stipulations.

It is submitted by counsel for the appellant that the appellant was on bail

during trial and he did not misuse the liberty granted to him. Fine amount has already been deposited by the appellant. It is also submitted that learned Trial Court has already suspended jail sentence of the appellant for a period of two and half months. Appeal is of the year 2022 which may take long time for it's conclusion. Co-accused Bahadur Singh, Goving Singh, Ramdhar and Jardan Singh have already been granted benefit of suspension of sentence and grant of bail. Under these circumstances, the execution of sentence be suspended and Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/25/2023 10:04:32 AM

the 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 parties and the fact that an early hearing of this case is not possible and that learned trial Court has already suspended jail sentence of the appellant for a period of one month, I.A.Nos.6850/2023 and 6879/2023 are allowed.

It is therefore, directed that if appellants deposit the entire fine amount, if not already deposited, and furnish personal bond in the sum o f 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 their appearance before the Principal Registrar of this Court on 16th October, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to them shall remain suspended till further orders and they shall be released on bail.

Application (I.A.Nos. 6850/2023 and 6879/2023) are 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

Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/25/2023 10:04:32 AM