Ravindra Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 15932 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     CRA No. 7938 of 2022
                                      (RAVINDRA SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 01-12-2022
                                Mr. Madan Mohan Tripathi, learned counsel for the appellants.

                                Mr. R.K. Awasthy, learned Public Prosecutor for the respondent - State.

Admit.

Heard o n I.A. No. 17802 of 2022, first application under Section 389 (1) of CrPC for suspension of jail sentence and grant of bail to appellant No. 2

Karua @ Don Gurjar.

This Criminal Appeal assails the judgment dated 14.7.2022 passed by Seventh Additional Sessions Judge, District Gwalior (M.P.) in S.T. No. 214/2014, whereby appellant No. 2 has been convicted and sentenced under Section 307/149 of IPC to undergo rigorous imprisonment of five years with fine of Rs.1,000/-, under Section 506 (part-II) of IPC to undergo rigorous imprisonment of one year with fine of Rs.500/- and under Section 148 of IPC to undergo rigorous imprisonment of ten months, with default stipulation.

Learned counsel for the appellants submits that the trial Court has

wrongly convicted the appellants without proper appreciation of facts of the case. There are omissions and contradictions in the evidence of the prosecution witnesses. Prosecution has not examined any independent witnesses but only interested witnesses have been examined. It is further submitted that the appellant has already undergone six months of incarceration out of total jail sentence of five years. Present criminal appeal is likely to take long time to conclude. Hence, prayed to suspend the jail sentence and grant of bail to appellant No. 2.

Signature Not Verified Signed by: ALOK KUMAR Signing time: 02-Dec-22 10:23:45 AM

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments rendered by learned counsel for the appellants as well as facts and circumstances of the case, without commenting on merits of the case, I.A.No. 17802 of 2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail

sentence of appellant No. 2 Karua @ Don Gurjar shall remain suspended and he be released on bail. Appellant is further directed to mark his appearance before the Office of this Court on 11.1.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case in due course.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 02-Dec-22 10:23:45 AM