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2023 DIGILAW 195 (MP)

Maharaj Singh v. State of Madhya Pradesh

2023-02-01

DEEPAK KUMAR AGARWAL

body2023
JUDGMENT Deepak Kumar Agarwal, J. - Heard on I.A.No.2620/2023, first application u/Sec. 389(1) of Cr.P.C. fo r suspension of sentence and grant of bail filed on behalf of appellant - Maharaj Singh. 2. This criminal appeal has been filed against the judgment dated 22.12.2022 passed in ST No. 74/2015 passed by learned Additional Sessions Judge, Ganjbasoda, District Vidisha whereby appellant has been convicted under Section 409 of IPC and sentenced to undergo 3 years' rigorous imprisonment with fine of Rs. 18,000/- & under Section 3/7(1)(A)(1) of Essential Commodity Act and sentenced to undergo 1 years R.I. with fine of Rs. 2000/- with default stipulation. 3. It is submitted by counsel for the appellant that the appellant has wrongly been convicted by the Court below. It is submitted by learned counsel for the appellant that sentence of the appellant has already been suspended by the trial Court itself for a period of one month. He has a good case on merit and final hearing of the appeal will take time. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail. 4. On the contrary, learned counsel for the State opposed the application and prayed for its rejection. 5. Looking to the short term of sentence, without commenting anything on the merits of the case, I.A.No.2620/2023, is allowed. 6. It is therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 17th July, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail. 7. Application I.A.No.2620/2023,, is allowed and disposed of. 8. A copy of this order be sent to the trial Court concerned for necessary compliance. C.c. as per rules.