Arvind Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 2728 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      CRA No. 2491 of 2023
                                        (ARVIND YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 14-02-2023
                                 Mr. Rajiv Jain, learned counsel for the appellants.

                                 Mr. Alok Sharma, learned Panel Lawyer for the respondent - State.

Heard on I.A. No. 3202 of 2023, an application u/S. 5 of Limitation Act.

The application is duly supported by the affidavit. Learned counsel for the State has no objection.

For the reasons mentioned in the application, I.A. No. 3202 of 2023 is allowed and the delay of 45 days in filing this appeal is hereby condoned.

Appeal being arguable, is admitted for final hearing. Also heard on I.A. No. 3201 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellants.

This Criminal Appeal assails the judgment dated 27.10.2022 passed in SC ATR Case No.110/2017 by Special Judge, SC/ST (POA Act), 1989, Guna (M.P.) whereby, appellants stood convicted under Sections 325/34 and 323/34

of IPC and sentenced them to undergo 2 years RI and 6 months RI with a fine of Rs.1,000/- and Rs.500/- respectively, with default stipulations.

Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellants without proper appreciation of facts of the case. The appellants were on bail during trial and they did not misuse the liberty so granted to them. Final hearing of this appeal will take long time. Hence, prayed to suspend the jail sentence and grant of bail to the appellants. Signature Not Verified Signed by: ALOK KUMAR Signing time: 15-Feb-23 11:47:22 AM

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. 3201 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on each of the appellants furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety 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 Office of this Court on 10/04/2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List in due course.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 15-Feb-23 11:47:22 AM