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2022 DIGILAW 1634 (MP)

Deepak Singh Parmar v. State of Madhya Pradesh

2022-12-29

ROHIT ARYA

body2022
JUDGMENT Satyendra Kumar Singh, J. - Heard on I.A.No.17049/2022, an application for suspension of jail sentence of the appellant - Ajay Mali. 2. Appellant has been convicted by XVIII Additional Session Judge, Indore vide judgment dated 26.12.2022 passed in S.T. No.612/2021 for commission of offence punishable under Sections 342 read with Section 34, 332 read with section 34 and 333 read with section 34 of IPC and sentenced to undergo RI for 03 months, RI for 01 year with fine of Rs.500/- and RI for 01 year and 7 months with fine of Rs. 1,000/- respectively with default stipulations. 3. 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. Appellant is a young boy, aged 22 years. 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. 4. Learned Govt. Advocate for State has opposed the prayer and prays for rejection of the application for suspension of sentence. 5. 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.17049/2022 is allowed. 6. 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 b e released on bail for his appearance before the Registry of this court on 16.01.2023 and all other subsequent dates, as may be fixed in this behalf by the Office. 7. Record of Court below be requisitioned. 8. List for admission after receipt of record. C.c. as per rules.