Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1520

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Satish Kumar Sharma, J.
Babulal & Ors. – Appellants
Versus
State of Madhya Pradesh – Respondent
Criminal Appeal No. 244 of 2022
Decided On : 10-01-2022

Advocates Appeared:
D.R. Sharma, Advocate, Manish Nayak, Advocate
Final Result : Disposed Of

The court has the discretion to suspend the jail sentence of appellants based on the facts and circumstances of the case, including their bail status, the suspension of sentence by the trial court, and the arguable nature of their case.

Headnote:
Suspension of Sentence - Criminal Appeal - The court allowed the application for suspension of sentence for the appellants, directing that their jail sentence will remain under suspension subject to depositing fine amount and furnishing personal bond with sureties for their appearance before the court.
Fact of the Case:

The appellants were convicted and sentenced in a criminal case, and an application for suspension of sentence was moved on their behalf.
Finding of the Court:

The court allowed the application for suspension of sentence, considering that the appellants had remained on bail throughout the trial, their sentence had already been suspended by the trial court, and they had an arguable case.
Issues: Application for suspension of sentence and grant of bail to the appellants.
Ratio Decidendi: The court considered the facts and circumstances of the case, including the appellants' bail status during trial, the suspension of their sentence by the trial court, and the arguable nature of their case, in allowing the application for suspension of sentence.
Final Decision: The application for suspension of sentence was allowed, directing that the jail sentence of the appellants will remain under suspension subject to certain conditions.

JUDGMENT

Satish Kumar Sharma, J. - appeal being arguable is admitted for hearing.

This criminal appeal assails the judgment dated 16.12.2021 passed in Special Case No.102/2016, by Special Judge, SC/ST act, 1989, Guna (M.P.) whereby, the appellants have been convicted and sentenced as mentioned hereinbelow:-

Appellant no.1-Babulal, appellant no.2-Sunil Yadav, appellant no.3-Masta and appellant No.7-Jitu alias Jitendra have been convicted as under:

Section	act	Imprisonment	Fine	Default (in lieu of fine)
147	IPC	6 months	Rs.500/-	1 month
323/149 three counts	IPC	6 months	Rs.500/-	1 month

appellant no.4-Jaimandal, appellant no5-Krishnabhan and appellant no.6-Golu Yadav have been convicted as under:

Section	act	Imprisonment	Fine	Default (in lieu of fine)
147	IPC	6 months	Rs.500/-	1 month
323/149 three counts	IPC	6 months	Rs.500/-	1 month
452	IPC	1 year	Rs.500/	1 month

I.a.No.239/2022, an application for grant of suspension of sentence moved on behalf of appellants are taken up and considered. Learned counsel for the appellants submits that accused/appellants were on bail during trial. Their sentence have been suspended by the trial Court for a period of one month from the date of judgment. Disposal of appeal shall take considerable time, therefore, he prays for suspension of sentence and grant of bail to the appellants.

Per contra, learned Public Prosecutor for the respondent/State opposed the prayer and prayed for dismissal of this application.

Keeping in view, the 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 and they have arguable case, but without expressing any opinion on merits, the application for suspension of sentence is allowed.

It is directed that jail sentence of appellants will remain under suspension subject to depositing fine amount and on their furnishing personal bond of Rs.50,000/- (Rs. Fifty thousand only) each with two solvent sureties each of the like amount to the satisfaction of the concerned trial Court, for their appearance before the Registry of this Court on 23/03/2022 and thereafter on all subsequent dates as may be fixed by the office.

Application (I.a.No.239/2022) stands disposed of.

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