Shivraj Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 778 MP

                                     1
               IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                              CRA No. 134 of 2023
               (SHIVRAJ SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 12-01-2023
       Shri Vivek Khedkar, learned counsel for the appellants.

       Shri Pramod Pachori, learned Public Prosecutor for the state.
       Shri Hari Krishan Singh Chauhan, learned counsel for the
respondent/complainant.

Heard on I.A.No.421/2023, an application under Section 301(2) of Cr.P.C. for assisting the prosecution.

F o r the reasons mentioned therein, the same is allowed. Shri Sanjay Gupta learned counsel and his associates are permitted to assist the prosecution on behalf of the complainant.

I.A. No.421/2023 is disposed of accordingly. Heard on I.A.No.100/2023, application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants.

This criminal appeal has been filed against the judgment dated 26.11.2022 passed in ST No. 27/2018 by Sessions Judge Vidisha District Vidisha (M.P.) whereby appellant nos. 1, 3, 4, 5 and 6 have been convicted and sentenced to

undergo under Section 147/149 of IPC for 6 months RI with the fine of Rs. 500/- and under Section 324/149 of IPC for 1 year RI with the fine of Rs. 500/- , while appellant no. 2 has been convicted and sentenced to undergo under Section 148/149 of IPC for Six months RI with the fine of Rs. 500/- and under Section 324/149 of IPC for 1 year RI with the fine of Rs. 500/- with default stipulation.

It is submitted by 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 the appellants. Appeal is of the year 2022 which may take long time for its conclusion. Under these circumstances, the execution of sentence be suspended and the appellants 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.100/2023 is allowed.

It is therefore, directed that if appellants deposits the entire fine amount, if

not already deposited, and furnishes a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five 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 28 th April, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to them shall remain suspended till further orders and they shall be released on bail.

Application I.A.No.100/2023 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 YOGENDRA OJHA 2023.01.13 12:47:51 -08'00'