Mahesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 6970 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                       CRA No. 5753 of 2023
                                            (MAHESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 28-04-2023
                                  Shri Rajkumar Gatwar, learned counsel for appellants.

                                  Shri G.S. Chauhan, learned P.P. for respondent/State.

Heard on I.A.No.7445/2023, an application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of appellants.

Appellants have been convicted by judgment dated 15.03.2023 passed

by Special Judge, SC/ST (Prevention of Atrocities) Act, Sheopur, M.P. in SCATR No.46/2021 for commission of offence punishable under Sections 323/324 read with Section 3(2)(va) of SC and ST (Prevention of Atrocities) Act and sentenced to undergo RI for 06 months with fine of Rs.1000/-, with default stipulation.

Learned counsel for the appellants submits that short sentence has been awarded to the appellants by the learned trial Court. Appellants were on bail during trial. He submits that the learned trial court erred in holding the appellant guilty in the alleged offence. The final conclusion of the appeal shall take

considerable time. Hence, prays that application for suspension of sentence be allowed.

Learned Public Prosecutor for State has opposed the prayer and prays for rejection of the application for suspension of sentence.

On due consideration of the facts and circumstances of the case so also looking to the short sentence awarded by the learned trial Court to the appellants, without expressing any opinion on merits of the case, Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 28-04-2023 06:25:08 PM

I.A.No.7445/2023 is allowed.

It is directed that upon appellants depositing the fine amount (if not already deposited) and on furnishing a personal bond to the tune of Rs.50,000/-(Rupees Fifty Thousand only)'each with one solvent surety each in the like amount to the satisfaction of the trial court, the substantive jail sentence of appellants shall remain suspended till the final disposal of the appeal and they shall be released on bail for their appearance before the Registry of this court on 26.06.2023 and all other subsequent dates, as may be fixed in this behalf by the Office.

Record of Court below be requisitioned.

C.c. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

Avi

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 28-04-2023 06:25:08 PM