Madhya Pradesh High Court
Rasik Bihari @ Gudda vs The State Of Madhya Pradesh on 27 January, 2015
Criminal Appeal No. 226/15 27.01.15
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Shri Satyam Agrawal, Advocate for appellants. Ms. Hemlata Kshatriya, PL for the State. Heard on admission.
Admit.
Since learned State counsel takes notice of this admission, hence fresh notice is not required.
Call for the record of the trial Court.
Also heard on I.A. No. 1302/15, which is an application under section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellants.
The appellant no.1 Ramesh Tutlani has been convicted by the trial Court under Sections 420/34,467/34,468/34 of IPC and Section 130 read with Section 177 and Section 39 read with Section 192 of Motor Vehicle Act and has been sentenced to undergo R.I. for two years and fine of Rs.2,000, R.I. for two years and fine of Rs.2,000/-, R.I. for two years and fine of Rs.1,000/-, fine of Rs.100/- and fine of Rs.5,000/- respectively with default stipulations. Appellant no.2 Manohar Singh Malviya has been convicted by the trial Court under Sections 420/34,467/34,468/34 of IPC and Sections 130 read with Section 177 and Section 39 read with Section 192 of Motor Vehicles Act and sentenced to R.I. for two years and fine of Rs.2,000/-, R.I. for two years and fine of Rs.2,000/-, R.I. for two years and fine of Rs.1,000/-, fine of Rs.100/- and fine of Rs.5000/- respectively with default stipulations.
Learned counsel for the appellants has submitted that the trial Court has suspended the jail sentence of the appellants till 12.02.15. The appeal would take considerable time to dispose of finally, hence awarded jail sentence of appellant be suspended and he be released on bail.
Learned counsel for the State has opposed the application. Considering the nature of offence proved against the appellants and the period of jail sentence awarded to the appellants, I am of the considered view that it is a fit case for suspension of jail sentence and grant of bail to the appellants, therefore, without expressing any view on the merits of the case, I.A. No.1302/15 is allowed.
Awarded jail sentences of appellants Ramesh Tutlani and Manohar Singh Malviya are hereby suspended and it is directed that subject to depositing the fine amount and furnishing the personal bond in a sum of Rs.20,000/- (Rs. Twenty Thousand only) with one surety each in the like amount to the satisfaction of the trial Court concerned, appellants shall be released on bail with a further direction to appear before the registry of this Court firstly on 07.08.2015, and also on such other dates, which normally will not be less than the period of eight months as may be fixed by the registry in this regard during the pendency of this appeal.
It is made clear that sentence of fine amount is not suspended.
List the case for final hearing in due course. Certified copy as per rules.
(Subhash Kakade) Judge Jk.