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2022 DIGILAW 198 (MP)

Sanju @ Sanjay Verma And Two Others v. State of Madhya Pradesh

2022-02-03

SUBODH ABHYANKAR

body2022
JUDGMENT Subodh abhyankar, J. - also heard on I.a. No.1684/2022, which is an application for suspension of jail sentence of all the appellants. The appellants have been convicted by the Special Judge (under SC & ST act) Rajgarh (Biaora) vide judgment dated 19.1.2022 passed in S.T. No.345/2019 and sentenced them as under:- Conviction Sentence Section act Imprisonmen Fine Imprisonment in lieu of fine 323 (03 count) r/w 34 IPC 01 year RI Rs.500/-each 6 months RI Learned counsel for the appellants has submitted that the learned trial Court has not properly appreciated the evidence on record and has recorded the conviction without considering serious anomalies, contradictions and omissions present in the testimony of various witnesses. It is further submitted that the statements of the independent witnesses of the case did not support the case of prosecution. It is further submitted that the appeal is likely to take a long time in its final hearing. Under these circumstances, he prays that the application for suspension of jail sentence be allowed. The prayer for suspension of sentence is opposed by the learned counsel for the State. Having considered the rival submissions and taking note of the fact that the appeal is not likely to be heard at an early date, without expressing any opinion on merits of the case, Ia No.1684/2022 is allowed and it is directed that on furnishing a personal bond by the appellants in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with a solvent surety each in the like amount to the satisfaction of the learned trial Court, for their regular appearance before concerned trial Court, the execution of the custodial part of the sentence imposed against the appellants shall remain suspended, till the final disposal of this appeal. The appellants after being enlarged on bail, shall mark their presence before the concerned trial Court on 11.04.2022 and on all such subsequent dates, as may be fixed by the concerned Court in this regard. Certified copy, as per rules.