Madhya Pradesh High Court
Bhagwat Singh vs The State Of Madhya Pradesh on 8 December, 2022
Author: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 11321 of 2022
(BHAGWAT SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 08-12-2022
Shri Shailendra Singh Sanger, learned counsel alongwith Shri Arun
Kumar Barua, counsel for the appellants.
Shri Purshottam Tanwar, learned Panel Lawyer for the respondent/ State.
Admit.
Record of the Courts below be called for.
Heard o n I.A. No. 18821 of 2022, first application under Section 389
(1) of CrPC for suspension of jail sentence and grant of bail to the appellants.
This Criminal Appeal assails the judgment dated 23.11.2022 passed by
Second Additional Sessions Judge, District Ashoknagar (M.P.) in S.T. No.
65/2015, whereby appellants have been convicted and sentenced under Sections
329/34 of IPC to undergo rigorous imprisonment of 2 years with fine of
Rs.1,000/- and under Section 341 of IPC to undergo 15 days simple
imprisonment, 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. Learned counsel for the appellants further submits that the Trial Court has
already suspended the jail sentence of the appellants for a period of one month.
The appellants were on bail during trial and they did not misuse the liberty so
granted. Present criminal appeal is likely to take long time to conclude. Hence,
prayed to suspend the jail sentence and grant of bail to the appellants.
Counsel for the State vehemently opposed the application and prayed for
its rejection.
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 09-Dec-22
10:34:52 AM
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. 18821 of 2022 is hereby allowed. Subject to depositing of
fine amount, if not already deposited, and on each of the appellant 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 the appellants shall remain suspended and they be
released on bail. Appellants are further directed to mark their appearance before
the Office of this Court o n 16.1.2023 and on subsequent dates given by the
Office in this regard, till final disposal of this appeal.
List the case for final hearing 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
Adnan
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 09-Dec-22
10:34:52 AM
