Citation : 2023 Latest Caselaw 6695 MP
Judgement Date : 25 April, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 5496 of 2023
(DILEEP AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 25-04-2023
Shri Kiran Kumar, learned counsel for the appellants.
Shri Nitin Goyal, learned Panel Lawyer for the respondent/State.
Heard on admission.
Being arguable, appeal is admitted for final hearing. Record of the trial Court be called for.
Also heard on IA.No.7114/2023, first application u/Sec. 389 of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants.
Vide judgment dated 1.4.2023 passed by the Special Judge, Sheopur, in SCATR/42/2021 appellants have been convicted under Section 452, 323 read with Section 3(2)(va) of the SC/ST Act with maximum sentence of six months RI.
It is submitted by learned counsel for the appellants that sentence of the appellants has already been suspended by the trial Court. Amount of fine has been deposited by them. They have a good case on merits. Hearing of the
appeal will take time. Therefore, prayer for suspension of sentence has been made.
Learned counsel for the State opposed the application and prayed for its rejection.
Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.7114/2023 is allowed and it is Signature Not Verified directed that jail sentence of the appellants will remain under suspension subject Signed by: MADHU SOODAN PRASAD Signing time: 25-04-2023 06:51:46 PM to verification that amount of fine has been deposited, on appellants' furnishing
bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one solvent surety each of the like amount to the satisfaction of concerned Trial Court for their appearance before the Principal Registrar of this Court on 9th October, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.
C.c. as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE
ms/-
Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 25-04-2023 06:51:46 PM
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