Citation : 2023 Latest Caselaw 8972 MP
Judgement Date : 16 June, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 6901 of 2023
(RANDHEER @ RAMU AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 16-06-2023
Shri Arun Kumar Pateriya- learned counsel for the appellants.
Shri Nitin Goyal, learned Panel Lawyer for the respondent- State.
Heard on admission.
Let record of the trial Court be called for. Also heard on IA No.9285 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 No.1 Randheer alias Ramu.
Vide judgment dated 27-03-2023 passed by Seventh Additional Sessions Judge, Shivpuri in Sessions Trial No.208 of 2018 aforesaid appellant has been convicted under Sections 307/34 of IPC and sentenced to undergo five years RI with fine of Rs.1,000/- and further convicted under Section 353/34 of IPC and sentenced to undergo two years RI with fine of Rs.500/- with default stipulation.
Allegation against the present appellant is of causing gunshot fire at the police personnel but no body had sustained any gunshot injury.
It is submitted by learned counsel for the present appellant that during trial he remained in custody from 05-09-2018 to 22-12-2018 and from the date of passing of impugned judgment, he is in custody. Fine amount has already been deposited by the appellant. 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 suspension application and prayed for its rejection.
Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/19/2023 11:28:21 AM
Considering the facts and circumstances of the case, but without commenting upon merits of the case, I A is allowed and it is directed that jail sentence of 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 his 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
MKB
Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/19/2023 11:28:21 AM
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