Citation : 2023 Latest Caselaw 3720 MP
Judgement Date : 2 March, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 8210 of 2021
(BALVEER RAWAT Vs THE STATE OF MADHYA PRADESH)
Dated : 02-03-2023
Shri Ajay Singh Rathore, learned counsel for the appellant.
Shri Pramod Pachouri, learned Public Prosecutor for the
respondent/State.
Heard on I.A.No.2322/23, an application under Section
389(1) of Cr.P.C. filed by appellant for suspension of sentence and
grant of bail.
Vide judgment dated 15.12.2021 passed by Special Judge
(MPDVPK Act),district Shivpuri in Sessions Trial No.15/2021 by
which the appellant has been convicted as under:-
Section Sentence Fine In default stipulation 394 of 5 years Rs.5000/- 6 months R.I.
IPC R.I.
342 of 3 months Rs.500/- 15 days R.I
IPC R.I
From the side of appellants/accused it submitted that
appellent is in custody since 16.3.2021 and in this way he has
already undergone near about two years. Conclusion of the trial
will take time. If the execution of sentence is not suspended then
present appeal filed by the appellant would render infructuous and
he shall suffer irreparably. Fine amount has been deposited.
Therefore, prayed for grant of suspension of sentence.
Heard learned counsel for the parties at length.
Considering the aforesaid facts and circumstances of the
case, without commenting anything on merits of the case,
I.A.No.2322/23 is allowed. Subject to verification of fine amount
amount deposited by the appellant and on furnishing a personal
bond in the sum of Rs.25,000/- (Rupees Twenty five
thousand only) with one solvent surety in the like amount to
the satisfaction of the concerned trial Court, the remaining jail
sentence of the appellant shall remain suspended and he shall be
released on bail.
The appellant shall firstly appear before the Registry of this
Court on 03.05.2023 and thereafter on all other subsequent
date as may be fixed by the Registry in this regard, till disposal of
this appeal.
C.C.as per rules.
(Deepak Kumar Agarwal)
mani Judge
SUBASRI MANI
2023.03.03
12:29:46 -08'00'
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