Mauji Lal vs The State Of Madhya Pradesh
2023 Latest Caselaw 4189 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                             CRA No. 3590 of 2023
                (MAUJI LAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 16-03-2023
      Shri Sarang Gupta - Advocate for the appellants.

      Smt. Padamshree Agrawal - Panel Lawyer for the State.
      Let record of the trial Court be requisitioned.
      The appeal being arguable is admitted for final hearing.
      Heard on I.A.No.4775/2023, which is an application for suspension of
sentence.

      The trial Court has convicted the appellants under Section 323/34 of IPC
(five counts) and sentenced to undergo three months SI with fine of Rs.200/-,
with default stipulation, vide judgment of conviction and order of sentence
dated 28.2.2023 passed by Special Judge, Section 14 of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, Morena, District Morena in
Special Case No.186/2014.
      Learned counsel for the appellants submits that the trial Court has not
properly appreciated the evidence available on record. The appellants were on
bail during trial and they have not misused the liberty granted to them. Learned

trial Court has committed error in holding the appellants guilty for the aforesaid
offences. The trial Court has already suspended their sentence for a period of
one month from the date of judgment i.e. 28.2.2023. There is no likelihood of
hearing of appeal in near future. In view of aforesaid, learned counsel for the
appellants prays for suspension of remaining jail sentence and grant of the bail
to the appellants.
      Learned counsel for the respondent/State has opposed the prayer.

Heard learned counsel for both the parties and perused the record. Having considered the rival submissions, the appellants were on bail during trial and they do not misuse the liberty granted to them, trial Court has already suspended the sentence, conclusion of the trial will take time, but without expressing any opinion on merits of the case, the application is allowed and jail sentence of the appellants shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not deposited, they shall be released on bail on furnishing personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand Only) along with separate solvent surety in the like amount each to the satisfaction of trial Court, for their

appearance before the Registry of this Court firstly on 10.05.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.is allowed.

List for final hearing in due course after receipt of the record. C.C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE (alok)

ALOK KUMAR 2023.03.16 15:29:02 +05'30'