Sabi vs The State Of Madhya Pradesh
2023 Latest Caselaw 21823 MP

Madhya Pradesh High Court

Sabi vs The State Of Madhya Pradesh on 19 December, 2023

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      CRA No. 15500 of 2023
                                             (SABI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 19-12-2023
                                 Shri Surendra Singh Dhakad, learned counsel for the appellants.

                                 Shri Prabhat Pateriya, Public Prosecutor for the respondent/State.

Heard on I.A. No. 22878 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail filed by the appellants.

This Criminal Appeal assails the judgment dated 4.12.2023 passed by

S p ec ial Judge (Electricity Act) Pichchore, District Shivpuri in SCELE No.16/2022, whereby appellants have been convicted under Sections 332 (two counts each) of IPC and have been sentenced to undergo rigorous imprisonment of 3 months with fine of Rs.400/-, section 353 of the I.P.C. and have been sentenced to undergo rigorous imprisonment of one year with fine of Rs.400/-, and section 506 part-2 of the I.P.C. and have been sentenced to undergo rigorous imprisonment of 1 month with fine of Rs.100/- each with default stipulations.

Learned counsel for the appellants submits that the trial Court has

wrongly been convicted the appellants without proper appreciation of facts of the case as well as evidence available on record. Learned counsel for the appellants submits that the jail sentence of appellants have already been suspended by learned trial Court till 03.01.2024. Considering the short sentence coupled with the fact that final hearing of this appeal is not possible in near future the remaining jail sentence of appellants may be suspended.

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. 22878 of 2023, is hereby allowed subject to depositing of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with a solvent surety each of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellants shall remain suspended and they be released on bail. The appellants are further

directed to mark their appearance before the Registry of this Court on 30/1/2024 and on subsequent dates given by the Registry in this regard, till final disposal of this appeal.

Let record of the trial Court be called for.

List the case for admission after receipt of record. Certified copy/ e-copy as per rules/directions.

(RAJENDRA KUMAR VANI) JUDGE

Ahmad