Madhya Pradesh High Court
Jagannath Kewat vs The State Of Madhya Pradesh on 12 July, 2022
Author: Anjuli Palo
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 4778 of 2022
(JAGANNATH KEWAT AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 12-07-2022
Mr.Ramanuj Choubey, learned counsel for the appellant.
Mr.K.S.Patel, learned Panel Lawyer for the respondent/State.
Heard on the question of admission. The appeal is admitted for hearing.
Considered I.A.No.10074/2022, which is first application under section
389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of
appellants No.1, 2 & 3-Jagannath Kewat, Maan Singh & Rohit @ Rahul Kewat
respectively.
The trial Court suspended the sentence of the appellants till 19.6.2022.
This Court vide order dated 13.6.2022 had extended suspension of jail sentence
of the appellants till date.
By the impugned judgment dated 19.5.2022 passed by Sessions Judge,
Sehore in Sessions Trial No.65/2021 the appellants have been convicted for
offence under section 323 of IPC and sentenced to undergo R.I. for 06 months
each and fine of Rs.1,000/- each with default stipulations.
Learned counsel for the appellants submitted that appellants are innocent
and have been falsely implicated in the crime in question. The trial Court has not
properly appreciated the oral and documentary evidence available on record.
The appellants were on bail during trial and they have not misused the liberty.
Final disposal of this appeal would take considerable time. Hence, prayer has
been made to suspend the jail sentence of the appellants and to release them on
Signature Not Verified
SAN bail.
Digitally signed by RAJESH MAMTANI
Date: 2022.07.12 18:14:09 IST Learned Panel Lawyer has opposed the suspension of sentence and grant
of bail.
Considering the over all facts and circumstances of the case; the
appellants were on bail during trial; looking to the nature of allegations;
maximum sentence awarded is of 06 months; final disposal of this appeal would
take considerable time; and without commenting on merits of the case, the
application is allowed.
I t is directed that subject to depositing the fine amount, if not already
deposited and on furnishing a personal bond in a sum of Rs.30,000/- (Rupees
Thirty Thousand only) each with one surety each in the like amount to the
satisfaction of the trial Court concerned, the custodial sentence of appellants
No.1, 2 & 3 namely, Jagannath Kewat, Maan Singh & Rohit @ Rahul Kewat
shall remain suspended and they shall be released on bail for securing their
presence before the trial Court concerned on 07.12.2022 and on such other
dates as may be fixed in this regard.
List for final hearing in due course.
(SMT. ANJULI PALO)
JUDGE
RM
Signature Not Verified
SAN
Digitally signed by RAJESH MAMTANI
Date: 2022.07.12 18:14:09 IST
