Lokendra Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 2857 MP

                                     1
     IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
                                 BEFORE
             HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA
                         ON THE 28th OF FEBRUARY, 2022

                     CRIMINAL APPEAL No. 8046 of 2021

         Between:-
1.       LOKENDRA SINGH S/O SHRI RAMESHVER SINGH
         GURJAR , AGED ABOUT 34 YEARS, GRAM MAVAI
         P.S RITHORAKLA (MADHYA PRADESH)

2.       RAMESHWAR GURJAR S/O SHRI JAGMAN SINGH
         GURJAR , AGED ABOUT 62 YEARS, GRAM MAWAI
         THANA    RITHORAKALA     DISTT.  MORENA
         (MADHYA PRADESH)

3.       BALENDRA     SINGH  GURJAR     S/O SHRI
         RAMESHWAR SINGH GURJAR , AGED ABOUT 36
         YEAR S , GRAM MAWAI THANA RITHORAKALA
         DISTT. MORENA (MADHYA PRADESH)

                                                                 .....APPELLANT
         (BY SHRI PRADEEP KATARE, COUNSEL FOR THE APPELLANTS)

         VS.

         THE STATE OF MADHYA PRADESH INCHARGE
         POLICE   STATION  MALANPUR    (MADHYA
         PRADESH)

                                                               .....RESPONDENTS
         (BY SMT. PADAMSHREE AGARWAL, PANEL LAWYER FOR THE
         RESPONDENT/STATE )

       T h is appeal coming on for hearing this day, the court passed the
following:
                                      ORDER

Heard on the question of admission.

Appeal being arguable, is admitted for final hearing. Heard on I.A. No.33704/2021, first application under Section 389(1) of Cr.P.C. moved on behalf of appellant No.2- Rameshwar Gurjar for suspension of his jail sentence.

This criminal appeal has been filed against the judgment dated 04/12/2021 passed by the Additional Judge to the Court of First Additional Sessions Judge, Gohad, District Bhind in ST No.59/2015, whereby appellant no.2 has been convicted under Sections 148, 307/149 and Section 427 of IPC and sentenced to suffer two years RI under Section 148 of IPC with fine of Rs.1000/-, ten years RI

under Section 307/149 of IPC with fine of Rs.5000/- and RI for two years under Section 427 of IPC with fine of Rs.1000/- with default stipulations.

Learned counsel for the appellant has submitted that this is first application under Section 389(1) of Cr.P.C for suspension of jail sentence of the appellant

No.2 Rameshwar Gurjar. The appellant was on bail during trial and did not misuse the said liberty. It is further submitted that no case is made out against the appellant. Trial court has wrongly convicted the appellant without proper appreciation of facts of the case. It is further submitted that the appellant is aged around 62 years and he has already suffered around 14 months jail incarceration. Appellant is ready to abide by any condition which may be imposed by this Court. It is also submitted that disposal of this appeal will take considerably long time. Hence, learned counsel prays to suspend the jail sentence of appellant.

Learned State counsel has opposed the application and submitted that there is a history of three cases against the present appellant. Hence, prays for rejection of this application filed for suspension of jail sentence of the appellant.

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

Considering the arguments advanced by learned counsel for the parties as well as considering the age of the appellant who is aged around 62 years, without commenting on merits of the case, I.A.No33704/2021 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant No.2 shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 25/04/2022 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 as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE Van VANDANA VERMA 2022.02.28 19:03:52 -08'00'