Madhya Pradesh High Court
Chandar & 4 Others vs State Of M.P. on 6 August, 2014
1
Criminal Appeal No.1399/2007
06.08.2014
Shri Manoj Saxena, learned counsel for the appellants.
Shri B.L. Yadav, learned Deputy Advocate General for the
respondent / State.
Heard on IA No.3227/2014, an application for suspension of sentence and grant of bail filed on behalf of appellant No.2 Ramesh s/o Ghisuji.
The appellant has been found guilty by the Additional Sessions Judge, Agar, District Shajapur vide judgment dated 19.11.2007 in Sessions Trial No.55/2007 for offence punishable under Sections 302/149 and 148 of the Indian Penal Code and has been sentenced to suffer life imprisonment with fine of Rs.3,000/- and two years RI with fine of Rs.500/- respectively with default stipulation.
Having considered the discrepancy in the evidence of Shyamlal (PW-1) to the extent that he has not seen the actual occurrence of the incident till end and he ran away from the place of incident, we are of the view that the appellant has made out a case for suspension of sentence and grant of bail.
Accordingly, we allow the application (IA No.3227/2014) and direct that the jail sentence imposed upon the appellant shall remain suspended subject to depositing of fine amount and on furnishing a personal bond in the sum of Rs.30,000/- (rupees thirty thousand) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 17.12.2014 and on such other dates as may be fixed in that behalf.
C. c. today.
(Shantanu Kemkar) (Mool Chand Garg)
Judge Judge
rcp