Dileep Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 9109 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 3480 of 2023
                                        (DILEEP SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 19-06-2023
                                Shri Ramesh Prasad Gupta, learned counsel for the appellant.

                                Shri Nitin Goyal, learned Panel Lawyer for the respondent- State.

Heard on IA No.5659 of 2023 which is the first application filed under Section 389(1) of CrPC on behalf of appellant No.3 Madho Singh Gurjar for suspension of jail sentence and grant of bail.

Vide judgment dated 28th February, 2023 passed by Third Additional

Sessions Judge, Gwalior in Sessions Trial No. 81 of 2019, the present appellant has been convicted under Section 326/34, 325, 294, 506 Part II of IPC and sentenced to undergo maximum sentence of RI of five years with fine of Rs.2,000/- with default stipulation.

Allegation as per prosecution case against the present appellant is of causing injury to injured Ramesh (PW1) by means of stick on his right hand.

I t is submitted by learned counsel for appellant that the appellant remained in custody during trial from 20-08-2019 to 27-09-2019 and from the date of passing of impugned judgment, he is in custody. Fine amount has

already been deposited. It is further submitted that co-convicted accused- appellants no. 1 and 2 have already been given benefit of suspension of jail sentence by coordinate Bench of this Court and the case of present appellant is akin to that of co-convicted accused- appellants no. 1 and 2. This appeal is of the year 2023 which is likely to take some time for its disposal. Hence, prayed for suspension of jail sentence and grant of bail.

Learned counsel for the State opposed the suspension application and Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/20/2023 11:19:03 AM

prayed for it rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA 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) 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 22nd 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: 6/20/2023 11:19:03 AM