Akshaypal Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 4280 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRA No. 3740 of 2023
                                        (AKSHAYPAL SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 17-03-2023
                                Shri Paradeep Katare, learned counsel for appellants.

                                Shri C.P. Singh, learned Panel Lawyer for respondent/State.

Heard on I.A.No.4881/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants.

This criminal appeal has been filed against the judgment dated 02.03.2023 passed in Special Case No. 08/2016 by Special Judge (Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989, Morena (M.P.) whereby the appellant No.1 has been convicted under section Section 341, 323/34 of IPC and and sentenced to undergo three months' SI with fine of Rs.500/-, appellant no.2 has been convicted under Section 323/34 of IPC and sentenced to undergo three months' SI, appellant no.3 has been convicted under Section 323/34 of IPC and sentenced to undergo three months' SI and appellant no.4 has been convicted under Section 323/34, 341 of IPC and sentenced to undergo three months' SI with fine of Rs.500/- with default stipulation.

It is submitted by counsel for the appellants that the appellants were on

bail during trial and they did not misuse the liberty granted to them. Fine amount has already been deposited by the appellants. It is also submitted that learned Trial Court has already suspended jail sentence of the appellants for a period of one month. Appeal is of the year 2023 which may take long time for it's conclusion. 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 Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 3/17/2023 5:46:06 PM

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 and that learned trial Court has already suspended jail sentence of the appellants for a period of one month, I.A. No.4881/2023 is allowed.

It is therefore, directed that if appellants deposit the entire fine amount, if not already deposited, and furnish a personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety of the like amount to the satisfaction of concerned Trial Court for their appearance before the Principal Registrar of this Court on 2nd May, 2023 and on such further

dates as may be fixed by the office in this regard, sentence of imprisonment awarded to them shall remain suspended till further orders and they shall be released on bail.

Application (I.A. No.4881/2023) 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

ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 3/17/2023 5:46:06 PM