Madhya Pradesh High Court
Sunil Kourav vs The State Of Madhya Pradesh on 23 April, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3698 of 2022
(SUNIL KOURAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 23-04-2022
Shri Shailendra Singh Thakur, learned counsel for the appellants.
Shri Satpal Chadar, learned Government Advocate for the respondent/State.
Shri Chadar, learned Government Advocate takes notice on behalf of the
respondent/State. Now there is no need to issue further notice to the
respondent/State.
Call for the trial Court record.
Heard on I.A.No.6834/2022, application under Section 389(1) of the
Cr.P.C. for suspension of sentence and grant of bail pending the appeal.
The appellants have been convicted for commission of offence punishable
under Sections 148, 323/149 (4 counts), 325/149 and 326/149 (2 counts) of IPC
and have been sentenced to undergo 3-3 months R.I, 1 year R.I, 3-3 years R.I and
fine of Rs.1000/- each with default stipulations by First Additional Session Judge,
Gadarwara District- Narsinghpur vide judgement dated 31.03.2022 in
S.T.No.200266/2011.
Learned counsel for the appellants has submitted that appellants have been
released on bail by the trial Court till 30.04.2022 and during course of trial, they
were on bail and have not misused the liberty granted to them by way of bail. He
further submitted that the evidence of prosecution witnesses is full of omissions,
contradictions and discrepancies. Trial Court has convicted appellants with the
add of Section 149. They have fair chances to succeed in appeal. Therefore, it has
been prayed that the appellants be released on bail.
O n the other hand, learned Government Advocate has opposed the
application for grant of bail to appellants.
I have gone through impugned judgment dated 21.03.2022 and the finding
recorded by the learned trial Judge. Appellants are facing session trial since 2011
and during trial they have been on bail and have not misused the liberty granted to
Signature Not Verified
SAN
them by way of bail. Appellant have been convicted with maximum sentence of 3
years. There is no possibility of hearing of this appeal in near future. Therefore,
Digitally signed by ANUPRIYA SHARMA
CHOUBEY
Date: 2022.04.23 16:27:17 IST
having taken into consideration the arguments advanced by learned counsel for the
appellants and the finding recorded in the impugned judgment, I deem it proper to
suspend the remaining jail sentence of the appellants.
Consequently, I.A.No.6834/2022 is allowed. The execution of jail sentence
o f appellants- Sunil Kourav, Kamlesh Kourav, Harendra Kourav, Jitendra
@ Monu Kourav, Santosh Kourav and Ravin @ Ravishankar Kourav is
hereby suspended subject to depositing the fine amount, (if not already
deposited). It is directed that appellants be released on bail on their furnishing a
personal bond to a sum of Rs.50,000/- (Rupees fifty thousand only) with one
solvent surety in the like amount each 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 that Court in this regard during the pendency of
this appeal.
List this appeal for final hearing in due course.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
anu
Signature Not Verified
SAN
Digitally signed by ANUPRIYA SHARMA
CHOUBEY
Date: 2022.04.23 16:27:17 IST
