Narayan Kushwah vs The State Of Madhya Pradesh
2023 Latest Caselaw 1403 MP

                                  1

    IN THE HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR

              CRA No. 841 of 2023
 (NARAYAN KUSHWAH AND OTHERS Vs THE STATE
            OF MADHYA PRADESH)


DATED:24.01.2023
     Shri Pallav Tripathi, learned counsel for the appellants.

     Shri Pramod Pachouri, learned Public Prosecutor for the

respondent/State.

Shri Akhilesh Kumar Gupta, learned counsel for the

complainant.

Heard on I.A.No.1010/2023, first application under

Section 389 of Cr.P.C. filed by appellant No.1 Narayan

Kushwah, appellant No.2 Rambabu alias Babu Kushwah,

appellant No.3 Smt. Siya Kushwah and appellant No.4

Smt.Makhniya Kushwah.

Vide judgment dated 19.12.2022 passed by First

Additional Sessions Judge, Karera, District Shivpuri in

S.T.No.228/2018 by which the appellants have been convicted

and sentenced as under:

Section Sentence Fine In default stipulation 323/34 1 year Rs.500/- 1months RI of IPC R.I. each each each (each appellant ) 325/34 3year R.I. Rs.1,000 3 month R.I.

      of IPC each       of /- each each
      (each     appellant
      appellant


     The sentence of appellants           have already been

suspended.      Fine amount has already been deposited.

Therefore, appellants pray for grant of suspension of sentence.

Heard learned counsel for the parties at length.

Considering the aforesaid facts and circumstances of the

case, without commenting anything on merits of the case,

I.A.No.1010/2023 is allowed. Subject to verification of fine

amount amount deposited by the appellants and on furnishing

a personal bond in the sum of Rs.25,000/- (Rupees

Twenty five thousand only) each with one solvent

surety each in the like amount to the satisfaction of the

concerned trial Court, the remaining jail sentence of the

appellants shall remain suspended and he shall be released on

bail.

The appellants shall firstly appear before the Registry of

this Court on 28.02.2023 and thereafter on all other

subsequent date as may be fixed by the Registry in this

regard, till disposal of this appeal.

C.C.as per rules.

                                                     (DEEPAK KUMR AGARWAL)
        mani                                                 JUDGE

SUBASRI MANI
2023.01.25 11:17:39
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