Madhya Pradesh High Court

Murari Shakya vs The State Of Madhya Pradesh on 5 June, 2025

                                                                  1                                 CRA-5341-2025
                                             IN THE HIGH COURT OF MADHYA PRADESH
                                                          AT GWALIOR
                                                           CRA No. 5341 of 2025
                                                (MURARI SHAKYA Vs THE STATE OF MADHYA PRADESH )



                           Dated : 05-06-2025
                                 Shri Shashwat Rao - Advocate for the applicant through Video Conferncing.

                                 Ms Padmshri Agrawal P.L., for the respondent/State

Heard on admission.

The appeal being arguable, is admitted for hearing. Heard on I.A. No.11679/2025, which is first application for suspension of sentence and grant of bail moved on behalf of appellant Murari Shakya.

By judgment dated 23/05/2025 passed by I Additional Sessions Judge, Datia in S.T. No.56/2023, appellant stands convicted under section 458 of IPC to undergo RI for 3 years and to pay a fine of Rs.500/-; under section 459 of IPC to undergo RI for 3 years and to pay a fine of Rs.500/-, under section 326/34 of IPC to undergo RI for 3 years with fine of Rs.500/-; under section 325 of IPC to undergo RI for 1 year with fine of Rs.500/-; under section 323/34 of IPC to undergo RI for 6 months with fine of Rs.500/-and under section 342 of IPC to undergo RI for 6 months with fine of Rs.500/-, with corresponding default stipulations.

It is contended that present appellant has spent actual three months in jail custody till date in terms of the impugned judgment dated 23/05/2025. The jail sentences have

already been suspended by the trial Court for a period of one month. By taking this Court through various paragraphs of the impugned judgment, it is contended that the findings of conviction and sentence awarded to present appellant are on debatable note and argued to be vulnerable.

Per contra, learned counsel for the State has opposed the application for suspension of sentence.

Considering the submissions advanced by learned counsel for the parties, but

2 CRA-5341-2025 without commenting on the merits of the case, the I.A. is allowed and it is directed that jail sentences awarded to appellant shall remain suspended and he shall be released on bail subject to depositing the entire fine amount, if not already deposited and on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand) with a solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 01/08/2025 and thereafter on other dates as may be fixed by the trial Court till final disposal of this appeal.

C.C. as per rules.

(VIVEK JAIN) V. JUDGE

(and)