Srajan Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 10244 MP

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                     CRA No. 7445 of 2023
                                 (SRAJAN SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 05-07-2023
                               Shri Rajmani Bansal, learned counsel for the appellants

                               Shri Sushant Tiwari, learned counsel for the respondent- State.

Heard on admission.

Record of the trial Court has been received. Appeal appears to be arguable, is admitted for final hearing. Also heard on IA.No.10288 of 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 no. 1 to 7.

Vide judgment dated 23-05-2023 passed by Special Judge (Atrocities), Guna in Special Sessions Trial No.72 of 2018, the appellants no.1 to 7 have been convicted under Section 147 read with Section 3(2)(v-a) of SC & ST Act and sentenced to undergo six months RI with fine of Rs.1,000/-, six months RI with fine of Rs.1,000/- for offence under Section 323/194(four counts) of IPC read with Section 3(2)(v-a) of SC & ST Act and two years RI with fine of Rs.2,000/- for offence under Section 325/149 of IPC read with Section 3(2)(v-

a) of SC & ST Act, with default stipulation. All the sentences have been directed to run concurrently.

It is submitted by learned counsel for the appellants that the appellants were on bail during trial and they did not misuse the liberty so granted to them. Fine amount has already been deposited by them. The trial Court has already suspended the jail sentence of the appellants till 23-06-2023. Final disposal of the appeal will take some time. Hence, prayed for suspension of jail sentence Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/5/2023 6:44:54 PM

and grant of bail.

Learned counsel for the State opposed the application and prayed for its rejection.

Considering the aforesaid facts and circumstances of the case as well as the fact that since trial Court has already suspended the jail sentence of the appellants for a period of one month i.e. till 23-06-2023, therefore, IA is allowed and it is directed that jail sentence of aforesaid appellants will remain under suspension subject to verification that amount of fine has been deposited, on appellants' furnishing bail bond 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 appearance before the Principal Registrar of this Court on 21st December, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/5/2023 6:44:54 PM