Trilok Sikh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7930 MP

                                      1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                              CRA No. 6473 of 2023
                 (TRILOK SIKH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 12-05-2023
       Shri Jitendra Singh Kushwah- learned counsel for the appellants.

       Shri Sushant Tiwari, learned counsel for the respondent- State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on I.A.No.8634 of 2023 which is the first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of

appellant no.1 Trilock, appellant No.2 Pradeep Singh, appellant No.3 Paravdeep and appellant No.4 Darbar Singh.

Vid e judgment dated 29.04.2023 passed by 1st Additional Sessions Judge, Ashoknagar in Sessions Trial No.117/2014 aforesaid appellants have been convicted under Sections 326/34, 324/34 IPC and sentenced to undergo 3 years RI and one year R.I. each,with fine of Rs.500-500/- each and also under Section 323/34 of IPC ( in 5 count) with file of Rs.500/- each respectively with default stipulation.

It is submitted by counsel for the appellants that the present appellants

have been falsely implicated. They were on bail during trial and they have not misused the liberty granted to them. The sentence of appellants are already suspended by the trial Court. Fine amount has already been deposited by appellants.. There are fair chances of success of this appeal and same may take long time for its final disposal and appellants cannot be kept in custody for an unlimited period. Hence, prayed for suspension of jail sentence by way of granting bail.

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

Keeping in view the aforesaid submissions of learned counsel for the parties and the fact that early hearing of this case is not possible, I.A. 8634 of 2023 is allowed. It is therefore, directed that if appellants deposit entire fine amount, if not already deposited, and furnish a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) each with one solvent surety each of the like amount to the satisfaction of concerned Trial Court for their appearance before the Principal Registrar of this Court on 22.12.2023 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 disposal of this appeal and they shall be released on bail.

IA is allowed and disposed of.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

mani

Digitally signed by SUBASRI MANI

SUBASR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=4b80d075e6ee8e3334ea900daffef948 52390562efcaf7cdb4d94b8fc0be1414,

I MANI pseudonym=E7C0C70D17E5C27BC949540C56 4953CAC4239A94, serialNumber=CA216CA75EF9E38C3785C8BBE 6486F7003C0B639E6EA08F81ACF600889A329 F3, cn=SUBASRI MANI Date: 2023.05.12 19:23:07 -07'00'