Shishupal Singh Tomar vs The State Of Madhya Pradesh
2023 Latest Caselaw 1577 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRA No. 940 of 2023
                                     (SHISHUPAL SINGH TOMAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 27-01-2023
                                   Shri Vishal Singh Bhadoria, learned counsel for the appellants.

                                   Shri Pramod Pachauri, learned Public Prosecutor for the respondent-

State.

Heard on the question of admission as well as on IA on I.A.No.1133/2023, which is the first application u/Sec. 389(1) of Cr.P.C. for

suspension of sentence and grant of bail filed on behalf of appellants.

Record of the trial Court has already been received. Appeal appears to be arguable, is admitted for final hearing. T his criminal appeal has been filed against the judgment dated 29th December, 2022 passed by Special Judge (Dacoity), Bhind in Dacoity Case No.13 of 2012, whereby the appellants have been convicted under Section 457 of IPC and sentenced to undergo one and half years rigorous imprisonment with fine of Rs.1,000/- and sentenced to undergo three months rigorous imprisonment with fine of Rs. 500/- under Section 323 of IPC (two counts)

with default stipulation.

It is submitted by learned counsel for the appellants that the appellants were on bail during trial and they did not misuse the liberty granted to them. Fine amount has already been deposited by them. The trial Court had already suspended the jail sentence of appellants till 28-01-2023. Appeal is of the year 2023 which may take long time for it's conclusion. Under these circumstances, the remaining execution of jail sentence of the appellants be suspended and they be released on bail.

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 1/27/2023 3:34:15 PM

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 and the learned trial court has already suspended the jail sentence of appellant till 28-01- 2023, I.A. is allowed. It is therefore, directed that if appellants deposit the entire fine amount, if not already deposited, and furnish a personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety of the like amount to the satisfaction of concerned Trial Court for their appearance before the Principal Registrar of this Court on 10th July, 2023 and

on such further dates, as may be fixed by the Office in this regard, the remaining execution of jail sentence of the appellants shall remain suspended till further orders and they shall be released on bail.

Aforesaid IA stands allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

Certified copy as per rules.

List the appeal for final hearing in usual course.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 1/27/2023 3:34:15 PM