Madhya Pradesh High Court
Hakai @ Chandan vs The State Of Madhya Pradesh on 7 May, 2022
Author: Anjuli Palo
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 773 of 2022
(HAKAI @ CHANDAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 07-05-2022
Mr. Nitin Jain, learned counsel for the applicants.
Mr. Manas Mani Verma, learned Government Advocate for the State.
Record of the Courts below is available.
Heard on the question of admission.
Revision is admitted for hearing.
Considered I.A.No.7700/2022, which is second application under Section
389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of applicants
namely Roshan Lal, Gandhi @ Ganesh, Udham and Badda @ Charan.
B y the impugned judgment dated 18.02.2022 passed by 4th ASJ, Gadarwara
District Narsinghpur (M.P.) in Criminal Appeal No.176/2015, arising out of the
judgment and findings dated 28.09.2015 passed by Judicial Magistrate First Class,
Gadarwara District Narsinghpur (M.P.) in Criminal Case No.227/2017, convicting the
applicants for offences under Sections 341 (with fine of Rs.300/- each), 326/149
(sentenced to undergo R.I. for 3 years each with fine of Rs.500/- each) and 324/149
two counts (Sentence to undergo R.I. for 4 months each with fine of Rs.500/- each) of
the I.P.C., with default stipulations.
Learned counsel for the applicants has submitted that applicants 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. Applicants are in
jail since 18.02.2022. Fine amount has already been deposited. Final disposal of this
appeal would take considerable time. Therefore, prayer has been made to suspend the
sentence of the applicants.
Learned Government Advocate has opposed the prayer for suspension of
sentence.
Heard both the parties and perused the record.
Applicant - Udham has caused grievous injuries to the victims by using sharp cut
object, therefore, looking to the act of applicant - Udham, this Court is not inclined to
suspend his sentence, hence application in respect of applicant - Udham is dismissed.
Allegation against the other applicant namely Roshan Lal, Gandhi @ Ganesh and
Badda @ Charan are that they were armed with lathi and caused injuries to the
victims. Looking to the facts of the case, the application in respect of applicants namely
Roshan Lal, Gandhi @ Ganesh and Badda @ Charan is allowed.
It is directed that on furnishing a personal bond in the sum of Rs.40,000/-
(Rupees Forty Thousand Only) each with one solvent surety each in the like amount
to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon
the applicants namely - Roshan Lal, Gandhi @ Ganesh and Badda @ Charan shall
remain suspended during the pendency of this case and they shall be released on bail.
The applicants shall appear before the concerned trial Court on 05.09.2022 and
on all subsequent dates, as may be fixed in this regard during the pendency of this
revision.
List the case for final hearing in due course.
(SMT. ANJULI PALO)
JUDGE
shahina
Signature Not Verified
SAN
Digitally signed by SHAHINA KHAN
Date: 2022.05.07 16:36:38 IST
