Citation : 2023 Latest Caselaw 11150 MP
Judgement Date : 18 July, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 8985 of 2023
(GIRRAJ Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 18-07-2023
Shri Satyendra Singh Rajput, learned counsel for the appellant.
Shri Sushant Tiwari, learned counsel for the respondent no.1- State.
Heard on admission.
Let record of the Court below be called for. Also heard on IA.No.12872 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 appellant.
Vid e judgment dated 5th of July, 2023 passed by Special Judge (Atrocities), Guna in SST 48 of 2020 the appellant has been convicted under Section 457 of IPC read with Section 3(2)(v-a) of SC & ST Act and sentenced to undergo one year RI with fine of Rs.1,000/- and further one year RI with fine of Rs.1,000/- under Section 354 of IPC read with Section 3(2)(v-a) of SC & ST Act with default stipulations.
It is submitted by learned counsel for the appellant that the trial Court has
already suspended the jail sentence of appellant till 03-08-2023. Fine amount has already been deposited. Final disposal of the appeal will take some time. Hence, prayed for suspension of jail sentence 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 appellant till 03-08-2023, therefore, IA is allowed and it is directed that jail Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/19/2023 12:58:38 PM
sentence of aforesaid appellant will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) 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.
A copy of this order be sent to the respondent no.2- complainant regarding confirmation of suspension order.
Certified copy as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE
MKB
Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/19/2023 12:58:38 PM
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