Sanjeev @ Golu vs The State Of Madhya Pradesh
2022 Latest Caselaw 13795 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 8821 of 2022 (SANJEEV @ GOLU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 18-10-2022 Mr. Sankalp Kochar, learned counsel for the appellants.

Ms. Ekta Gupta, learned Panel Lawyer for the State. Heard on I.A. No.18956 of 2022, which is an application for suspension of sentence and grant of bail filed on behalf of the appellant.

The appellants have been convicted by the impugned judgment passed by the trial Court under Sections 326/34, 323/34 (two counts) and 324/34 of the

Indian Penal Code and sentenced to undergo R.I. for 3 years (fine Rs.500/-), RI for 6 months (fine Rs.500/-) and RI for 1 year (fine Rs.500/-) with default stipulation.

Learned counsel for the appellants submitted that the trial Court has not appreciated the evidence in proper perspective and therefore has arrived at erroneous findings. There are material contradictions and omissions in the testimonies of the witnesses. It is further contended that material witnesses, namely, Jamunaprasad (PW-1), Rahul (PW-4), Anjana Bai (PW-3) and Mohan Bai (PW-6) have turned hostile. It is further submitted that a counter case

bearing crime number 157 of 2020 has also been registered against the complainant party at police station - Begumganj, district - Raisen for offences punishable under Sections 294, 323, 324 and 506 read with Section 34 of the IPC. The sentence imposed on the appellants has already been suspended till 22.10.2022 by the trial Court. It is urged that final disposal of this appeal would Signature Not Verified SAN take considerable time, therefore, the sentence of the appellant may be Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.10.18 17:13:41 IST suspended and they may be released on bail

Learned Panel Lawyer has opposed the application for suspension of sentence and grant of bail filed on behalf of the appellants.

Looking to the nature of offence, period of jail sentence awarded to the appellant and the fact that trial Court has suspended the jail sentence of the appellant, I find it to be a fit case to suspend the custodial sentence of the appellants and to release them on bail. Therefore, without commencing on the merits of the case, this 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 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 appellants, namely, Appellant No.1- Sanjeev @ Golu; Appellant No.2- Mahendra; Appellant No.3 - Jeetu @ Jitendra; Appellant No.4- Harinarayan; and Appellant No.5- Arun Tiwari shall remain suspended during the pendency of this case and they shall be released on bail. The appellants shall appear before the trial Court concerned on 24.02.2023 and on all such subsequent dates, as may be fixed in this regard during the pendency of this appeal, without fail.

Record of the Court below be requisitioned. List the case after eight weeks.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.10.18 17:13:41 IST