Dalla vs The State Of Madhya Pradesh
2023 Latest Caselaw 8125 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 6844 of 2023 (DALLA Vs THE STATE OF MADHYA PRADESH)

Dated : 25-05-2023 Shri Rishikesh Bohare- Advocate for the appellant.

Shri Anil Shukla- Public Prosecutor for the State.

Record of Court below be requisitioned. Heard on I.A.No.9184/2023, an application for suspension of jail sentence of the appellant - Dalla.

Appellant has been convicted by Additional Sessions Judge Chanderi, District Ashoknagar (M.P.) vide judgment dated 12.05.2023 passed in S.T. No.82/2017 for commission of offence punishable under Section 354 of IPC and sentenced to undergo RI for one year with fine of Rs.2,000/- with default stipulations.

Learned counsel for the appellant submits that short sentence has been awarded to the appellant by the learned trial Court. Appellant was on bail during trial. He submits that the learned trial court erred in holding the appellant guilty in the alleged offence. There are omissions and contradictions in the finding of

the learned trial court. The final conclusion of the appeal shall take considerable time. Hence, prays that application for suspension of sentence be allowed.

Learned Govt. Advocate for State has opposed the prayer and prays for rejection of the application for suspension of sentence.

On due consideration of the facts and circumstances of the case so also looking to the short sentence awarded by the learned trial Court to the appellant, without expressing any opinion on merits of the case, I.A.No.9184/2023 is allowed.

Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 26-05-2023 10:58:35 AM

It is directed that upon appellant depositing the fine amount (if not already deposited) and on furnishing a personal bond to the tune of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court, the substantive jail sentence of appellant shall remain suspended till the final disposal of the appeal and he shall be released on bail for his appearance before the Registry of this court on 20th of July, 2023 and all other subsequent dates, as may be fixed in this behalf by the Office.

List for admission after receipt of record. C.c. as per rules.

(SATYENDRA KUMAR SINGH) V. JUDGE

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Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 26-05-2023 10:58:35 AM