Madhya Pradesh High Court
Kanchedi Lal vs The State Of Madhya Pradesh on 24 January, 2022
Author: Anjuli Palo
1
The High Court Of Madhya Pradesh
CRR No. 2749 of 2021
(KANCHEDI LAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 24-01-2022
Heard through Video Conferencing.
Shri S.K. Gangrade, learned counsel for the applicant.
Ms. Chandrakant Pal, learned Panel Lawyer for the respondent/State.
Heard on the question of admission.
Revision seems to be arguable, hence admitted for hearing.
Also heard on I.A.No.22231/2021, which is an application for
suspension of sentence and grant of bail to the applicant.
The applicants stand convicted by the Lower Appellate Court (Second
Sessions Judge, Pipariya District Hoshangabad) vide impugned judgment
dated 08/10/2021 passed in Cr.A. No.49-50/2017 for offences punishable
under Sections 420/34 of the Indian Penal Code and sentenced to undergo RI
for three years each with fine of Rs.2000/- each and RI for two months each,
with default stipulations.
Learned counsel for the applicants submitted that applicants are
innocent and have falsely been implicated in the case. Lower Appellate Court
has not properly appreciated the order and documentary evidence on record.
They are in custody since three months and 18 days. It is further submitted
that due to COVID-19 pandemic, the final disposal of this revision would
take considerable time, hence, the substantive jail sentence of the applicants
be suspended and they be released on bail.
Learned Panel Lawyer for the State has opposed the bail application.
As per the statement of some witnesses, it apparently clear that no
grain was received by them. Although they were absconded at the time of
pronouncing the judgment, however, as per the order-sheet of trial Court
dated 06/12/2021, they are in custody.
Considering the facts and circumstances of the case and the quantum
Signature Not of sentence awarded to the applicants, without commenting upon the merits
SAN
Verified
Digitally signed by
RASHMI RONALD
VICTOR
Date: 2022.01.25
15:17:39 IST
of the case, I.A. No.22231/2021 is allowed.
It is directed that subject to deposition of fine amount, if not already
deposited and on furnishing a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand Only) each with one solvent surety each in the
like amount to the satisfaction of the trial Court, the remaining part of the
substantive jail sentence imposed upon applicants namely Kanchedilal,
Purusottam, Baijnath, Gyarasi, Bhagwan Singh and Tulsiram shall
remain suspended during the pendency of this case and they shall be released
on bail. The applicants shall appear before the trial Court concerned on
22.06.2022 and on all such subsequent dates, as may be fixed in this regard
during the pendency of this case.
List the case for final hearing in due course.
(SMT. ANJULI PALO)
JUDGE
RS
Signature
SAN Not
Verified
Digitally signed by
RASHMI RONALD
VICTOR
Date: 2022.01.25
15:17:39 IST
