Madhya Pradesh High Court
Krishnapal Singh Chouhan vs The State Of Madhya Pradesh on 19 December, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 10989 of 2022
(KRISHNAPAL SINGH CHOUHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 19-12-2022
Shri Y. M. Tiwari, - Advocate for the appellants.
Shri S. K. Yadav, learned Deputy Government Advocate for the
respondent/State.
Call for the trial Court record.
Heard on I.A. No.22473/2022, application under Section 389(1) of
Cr.P.C. for suspension of sentence and grant of bail to appellants pending the
appeal.
Appellants have been convicted for commission of offence under
Section 420 r/w 120-B of the Indian Penal Code and has been sentenced to
undergo R.I. for 3 years with fine of Rs.10,000/- each with default stipulation
v id e judgment dated 22.11.2022 passed in S.T.No.9500627/2015 (State of
M.P. Vs.Sulakshna Gupta @ Komal Pandey and others) by IX ASJ Bhopal.
Learned counsel for the appellants has submitted that appellants have not
committed any offence. They have been wrongly convicted by the trial Court.
Learned counsel for the appellants has submitted that in the course of trial
appellants were on bail, they have not misused the liberty granted by way of bail
during trial. The appellants have fair chance to succeed in the appeal. It is
further submitted that a short sentence of 3 years has been awarded by the trial
Court and there is no possibility of hearing of this appeal in near future.
Therefore, if the execution of jail sentence of appellants is not suspended, the
purpose of filing this appeal would become futile. Therefore, it has been prayed
that the execution of jail sentence of appellants be suspended and they be
Signature Not Verified
Signed by: BIJU BABY
Signing time:
12/20/2022 11:50:28 AM
released on bail.
On the other hand, learned counsel for the respondent/State has opposed
the grant of bail to the appellants.
Having considered the short nature of sentence and the fact that there is
no possibility of hearing of this appeal in near future, I am inclined to suspend
the remaining jail sentence of the appellants.
Consequently, I.A. No.22473/2022 is allowed. The execution of jail
sentence of appellants- Krishnapal Singh Chouhan and Ravi Baghel 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
12.5.2023 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 hearing on admission immediately after receipt of trial
Court record.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
b
Signature Not Verified
Signed by: BIJU BABY
Signing time:
12/20/2022 11:50:28 AM
