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2022 Supreme(MP) 1525

SATISH KUMAR SHARMA
Atar Singh – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Adil Majeed, Advocate, Manish Nayak, Advocate
Final Result : Disposed Of

JUDGMENT

Satish Kumar Sharma, J. - This criminal appeal assails the judgment dated 14.12.2021 passed in S.T.No.139/2012, by III additional Sessions Judge, Jaura, District Morena (M.P.) whereby, the appellant has been convicted as under. :-

Section

act

Imprisonment

Fine

Default (in lieu of fine)

326

IPC

3 years R.I.

Rs.1000/-

6 months R.I

323/34 (two counts)

IPC

3 months R.I. (each count)

Rs.500/-

1 month R.I.

I.a. No.216/2022, an application for grant of suspension of sentence moved on behalf of appellant is taken up and considered.

Learned counsel for the appellant submits that accused/appellant was on bail during trial. His sentence has 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 appellant.

Per contra, learned Panel Lawyer 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 appellant has remained bail throughout trial and he has arguable ca

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