Smt. Anita vs The State Of Madhya Pradesh
2023 Latest Caselaw 8406 MP

                                                        1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT GWALIOR
                                                 CRA No. 6486 of 2023
                                   (SMT. ANITA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

               Dated : 12-06-2023
                           Shri A.K.Upadhyay, learned counsel for the appellants.

                           Shri V.P.S.Tomar, learned Panel Lawyer for the respondent/State.

Heard on admission.

Appeal being arguable is admitted for final hearing. Record of the trial Court be called for.

Also heard on IA.No.8649/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants.

Vid e judgment dated 18.4.2023 passed in ST No.104/2019 by 6th Additional Sessions Judge, Gwalior, appellant- Aneeta has been convicted under Section 342 of IPC and sentenced to undergo 8 months RI and appellant- Rajkumar has been convicted under Sections 363 and 342 of IPC and sentenced to undergo 3 years RI with fine of Rs.1,000/- and 8th months RI respectively.

It is submitted by learned counsel for the appellants that sentence of the appellants has already been suspended by the trial Court for a period of one month. Final hearing of the appeal will take time and they have a good case on merits. Therefore, prayer for suspension of sentence has been made.

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

Signature Not Verified Signed by: MADHU SOODAN PRASAD Considering the facts and circumstances of the case, but without Signing time: 13-06-2023 10:34:07 AM commenting upon merits of the case, IA.No.8649/2023 is allowed and it is

directed that jail sentence of 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 each of the like amount to the satisfaction of concerned Trial Court for their appearance before the Principal Registrar of this Court on 18th 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

ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 13-06-2023 10:34:07 AM