Madhya Pradesh High Court
Ganesh Prasad Dubey vs The State Of Madhya Pradesh on 22 April, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8234 of 2021
(GANESH PRASAD DUBEY AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 22-04-2022
Shri Anoop K. Saxena, learned counsel for the appellants.
Shri Prasanjeet Chaterjee, learned Panel Lawyer for the respondent/State.
Trial Court record has been received.
Heard on admission.
Prima facie, this appeal seems to be arguable. Hence, admitted for final
hearing.
Heard on I.A. Nos. 2071/2022 and 2197/2022, applications for taking
additional documents on record.
After due consideration I.A. Nos. 2071/2022 and 2197/2022 are allowed and
disposed off.
Heard on I.A.No. 23794/2021, application under Section 389(1) of the
Cr.P.C. for suspension of execution of jail sentence and grant of bail to the
appellants pending the appeal.
Appellants have been convicted for commission of offence punishable
under Sections 467 read with 120-B, 471 read with 120-B of IPC and have been
sentenced to 3 years R.I. and 1 year R.I. with fine of Rs.1000/- respectively with
default stipulations by 5th ASJ, Chhatarpur vide judgment dated 22.12.2021
passed in S.T. No.344/2012 (State of M.P. Vs. Ganesh Prasad Dubey and others.
Learned counsel for the appellants submitted that during trial appellants were
on bail and even after conviction and sentence by Trial Court, the Trial Court has
released them on bail and at present they are on bail. Learned counsel further
submitted that they have been sentenced for a period of 3 years and there is no
possibility of hearing of this appeal in near future. Learned counsel submits that
the parties have entered into compromise and on the basis of compromise,
appellants have already been acquitted for commission of offence under Section
419/120- B of IPC and 420/120 B of IPC by the Trial Court itself. They have fair
Signature Not Verified
SAN
chances in succeeding the appeal. Learned counsel for the appellants further
submits that learned Trial Court has not properly appreciated the evidence of
Digitally signed by DEEPA MISHRA
Date: 2022.04.23 10:59:33 IST
witnesses. Therefore, it has been prayed that appellants be released on bail by
suspending the execution of jail sentence.
On the other hand, learned Panel Lawyer has opposed the suspension of
execution of jail sentence and grant of bail.
On a perusal of impugned judgment, evidence of prosecution witnesses and
other material available on record and considering the short nature of sentence and
the fact that there is no possibility of hearing of this appeal in near future, I deem it
proper to suspend the remaining jail sentence of the appellants.
Accordingly, IA No. 23794/2021 is allowed.The execution of jail
sentence of appellants Ganesh Prasad Dubey, Smt. Ramrati, Bhagirat Dixit
and Parasaddi is hereby suspended subject to depositing the fine amount, (if not
already deposited). It is directed that the appellants be released on bail on their
furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand
only) each with one solvent surety each of the like amount to the satisfaction of
the trial court with a further direction to appear before the trial Court on
15.09.2022 and also on such other dates, as may be fixed by it in this regard
during the pendency of this appeal.
List the case for final hearing in due course as per listing policy.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
mrs. mishra
Signature Not Verified
SAN
Digitally signed by DEEPA MISHRA
Date: 2022.04.23 10:59:33 IST
