Azab Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 2628 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRA No. 1823 of 2022
                                                (AZAB SINGH Vs THE STATE OF MADHYA PRADESH)

                            Dated : 13-02-2023
                                  Mr. T.C. Bansal, learned counsel for the appellant.

                                  Mr. B.P.S Chauhan, learned Public Prosecutor for respondent/state.

Heard on I.A.No.2879/2023, second application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Ajab Singh.

This criminal appeal has been filed against the judgment dated 03.02.2022

passed in ST No. 69/2013 by Seventh Additional Sessions Judge, District Guna whereby the appellant has been convicted and sentenced under Section 147 of IPC for six months' RI with fine of Rs.500/- & Section 325/149 of IPC for 2 years imprisonment with fine of Rs. 2000/-, with default stipulation.

It is submitted by counsel for the appellant that the appellant has wrongly been convicted by the Court below. It is submitted by learned counsel for the appellant that sentence of the appellant has already been suspended by the trial Court. He has a good case on merit and final hearing of the appeal will take time. Under these circumstances, the execution of sentence be suspended and

the appellant 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, I.A. No.2879/2023 is allowed.

It is therefore, directed that if appellant deposit the entire fine amount, if Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 2/14/2023 3:18:35 PM

not already deposited, and furnish a personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand Only) 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 19 th July, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

Application (I.A. No.2879/2023) 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

Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 2/14/2023 3:18:35 PM