Kallu Musalman vs The State Of Madhya Pradesh
2023 Latest Caselaw 3780 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 3281 of 2023
                                      (KALLU MUSALMAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 03-03-2023
                                Shri Anshu Gupta - Advocate for the appellant.

                                Shri Pramod Pachouri - Public Prosecutor for the respondents/State.

Heard on (I.A. No. 4361/2023), first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant

- Kallu Musalman.

This criminal appeal has been filed against the judgment dated 13.02.2023

passed in ST No. 10/2020 by Special Judge(SC and ST (P.A) Act) Sheopur, whereby appellant has been convicted and sentenced under Sections 294 of IPC for three year RI, Section 323 of IPC for six year RI with fine of Rs.1000/- , 3(2)(v,a) of the SC/ST Act for six year RI, 190 of the IPC for six year RI with fine Rs.1000/-, 3(1)R and (1)S of the SC/ST Act for six year RI with fine of Rs.1000/- respectively with default stipulations.

I t is submitted by counsel for the appellant that the appellant is in jail since the date of judgment. Fine amount has already been deposited by the appellant. Under these circumstances, the execution of sentence be suspended

and the appellant be released on bail.

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible,(I.A. No. 4361/2023) is allowed.

It is therefore, directed that if appellant deposits the entire fine amount, if Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 3/4/2023 3:02:21 PM

not already deposited, and furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty 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 17th July, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to his shall remain suspended till further orders and he shall be released on bail.

Application (I.A. No.4361/2023) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

Adnan

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 3/4/2023 3:02:21 PM