Nirpat Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 9534 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                              CRA No. 88 of 2023
              (NIRPAT SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 23-06-2023
       Shri Jitendra Sharma, learned counsel for the appellants.

       Shri Rohit Shrivastava, learned Panel Lawyer for the respondent/State.

Heard on IA.No10807/2023 which is the first application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant No.17- Jagdish.

Vide judgment dated 29/12/2022 passed in S.T. No.100256/2015 by 1 st Additional Session Judge, Ganjbasoda, District- Vidisha (M.P.), whereby appellant No.17- Jagdish has been convicted under Sections 147, 148, 450, 323/149 (5 counts), 324/149, 325/149, 326/149 and 307/149 (2 counts) of IPC and sentenced to undergo Six months RI, One year RI, Three years RI, Six months RI, One year RI with fine of Rs.1000/-, Two years' RI with fine of Rs.1000/-, Three years' RI with fine of Rs.1000/- and Five years' RI with fine of Rs.1000/- for each count respectively, with default stipulations.

Learned counsel for the appellant submits that appellant No.17 has been

falsely implicated in the case and he has been wrongly convicted by the trial Court. It is further submitted that co-appellants have already been extended the benefit of suspension of sentence and grant of bail vide orders dated 13/06/2023. Appeal is of the year 2023 and final hearing of the appeal will take time. Hence, prayer for suspension of sentence and grant of bail to the appellant No.17 is made.

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

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.10807/2023 is hereby allowed and it is directed that jail sentence of appellant No.17- Jagdish will remain under suspension subject to verification that amount of fine has been deposited, on his 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

RAHUL rahul Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh,

SINGH 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab67 6d0cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D 487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910

PARIHAR FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.06.23 16:45:53 +05'30'