Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1054

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Satish Kumar Sharma, J.
Dharam Singh & Ors. – Appellants
Versus
State of Madhya Pradesh – Respondent
Criminal Appeal No. 3094 of 2022
Decided On : 05-04-2022

Advocates Appeared:
Nitin Agarwal, Advocate, Dinesh Savita, Advocate
Final Result : Allowed

The court has the discretion to admit an appeal for final hearing and may suspend the sentence and grant bail based on the circumstances of the case.

Headnote:
Admission - Criminal Appeal - The court admitted the appeal for final hearing after finding it arguable. The sentence of the appellants was suspended, and they were granted bail, subject to certain conditions.
Fact of the Case:

The appellants appealed against their conviction and sentence in a criminal case. They claimed innocence and sought suspension of sentence and bail, which was opposed by the respondent/State.
Finding of the Court:

The court found the appeal arguable and admitted it for final hearing. It allowed the suspension of the appellants' sentence and granted bail, considering that the sentence had already been suspended by the trial court and the appellants had remained on bail throughout the trial.
Issues: Admission of appeal, suspension of sentence, grant of bail
Ratio Decidendi: The court admitted the appeal for final hearing after finding it arguable. It allowed the suspension of the appellants' sentence and granted bail, considering the circumstances of the case.
Final Decision: The court allowed the appeal for final hearing, suspended the sentence of the appellants, and granted them bail subject to certain conditions.

JUDGMENT

Satish Kumar Sharma, J. - Heard on the question of admission.

appeal seems to be arguable, hence, it is admitted for final hearing.

Learned counsel for the respondent/State accepts notice on behalf of the respondent/State.

Record of the trial Court be called for.

This appeal has been preferred against the judgment dated 11/03/2022 passed by Principal Sessions Judge, Datia, District- Datia (M.P.) in S.T. No.24/2020, whereby the appellants have been convicted and sentenced as under:-

	Sections	Sentence	Fine (Rs.)	Default Stipulation
appellant No.1 Dharam Singh	325 of IPC	6 months RI	1000/-	2 months RI
appellants No. 2 Ram Kumar Kevat	325/34 of IPC	6 months RI	1000/-	2 months RI
appellants No. 3 Banti @ Ramveer Kevat	325/34 of IPC	6 months RI	1000/-	2 months RI
appellants No. 4 Dhaniram Kevat	325/34 of IPC	6 months RI	1000/-	2 months RI

I.a.No.5262/2022, an application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the appellant No.1 Dharam Singh, appellant No.2 Ram Kumar Kevat, appellant No.3 Bunty @ Ramveer Kevat and appellant No.4 Dhaniram Kevat respectively.

Learned counsel for the appellants submits that the convicted appellants are innocent and they have been falsely implicated in this case. The sentence imposed upon them has already been suspended by the trial Court. They have remained on bail throughout trial. The fine amount has already been deposited by them. Disposal of appeal shall take considerable time, therefore, he prays for suspension of sentence and grant of bail to the appellants.

Per contra, learned Panel Lawyer appearing on behalf of the respondent/State opposed the prayer and prayed for dismissal of this application.

Keeping in view of the aforesaid facts and circumstances of the case particularly, having regard to the facts that sentence has already been suspended by the trial Court, the appellants have remained bail throughout trial, but without expressing any opinion of merits, I.a. No.5262/2022 is allowed.

It is, therefore, directed that sentence of appellants shall remain under suspension subject to depositing fine amount and on their furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) each with two solvent sureties each of the like amount to the satisfaction of concerned trial Court, for their appearance before the Registry of this Court on 20th of June, 2022 and thereafter on all subsequent dates as may be fixed by the office.

application (Ia No.5262/2022) stands disposed of.

Certified copy/e-copy as per rules/directions.

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