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2022 DIGILAW 52 (MP)

Babulal v. State of Madhya Pradesh

2022-01-10

SATISH KUMAR SHARMA

body2022
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.