Mahesh Kumar Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 13797 MP

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                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                  CRA No. 9057 of 2022
                                              (MAHESH KUMAR GURJAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                     Dated : 18-10-2022
                                           Shri Anil Sakle, counsel for the appellants.

                                           Ms.Geeta Yadav, Panel Lawyer for the respondent/ State.

Learned counsel for the applicant submits that I.A. No.19080 of 2022 has erroneously been filed in this case. Accordingly, I.A. No.19080 of 2022 is dismissed as infructuous.

Also heard on I.A. No. 19081/2022, which is first application for

suspension of sentence and grant of bail filed on behalf of appellants.

Although record is not available, but as per the impugned judgment, appellant No.1 has been convicted by the trial Court under Sections 420 and sentenced to undergo R.I. for 1 year with fine of Rs.1,000/-, under Section 467 of IPC and sentenced to undergo R.I. for 2 years with fine of Rs.2,000/-, under Section 468 of IPC and sentenced to undergo R.I. for 1 year with fine of Rs.1,000/- and under Section 471 of IPC and sentenced to undergo R.I. for 1 year with fine of Rs.1,000/- and appellant Nos.2 and 3 have been convicted under Section 420/120-B of IPC and sentenced to undergo R.I. for 1 year with

fine of Rs.1,000/-, under Section 467/120-B of IPC and sentenced to undergo R.I. for 2 years with fine of Rs.2,000/-, under Section 468/120-B of IPC and sentenced to undergo R.I. for 1 year with fine of Rs.1,000/- and under Section 471/120-B and sentenced to undergo R.I. for 1 year with fine of Rs.1,000/- each, with default stipulation.

Signature Not Verified SAN Learned counsel for appellants have submitted that the trial Court has not Digitally signed by SARSWATI MEHRA Date: 2022.10.18 16:32:22 IST properly appreciated the oral and documentary evidence available on record.

Jail sentence of appellants have already been suspended by the trial Court till 24.10.2022. Disposal of this appeal would take considerable time, therefore, jail sentence of appellants may be suspended and he may be released on bail.

Learned Panel Lawyer has opposed the application. I have heard learned counsel for the parties.

Looking to the nature of offence, this appeal would take considerable time for disposal, without commenting on merits of the case, I deem it appropriate to suspend the jail sentence of the appellants and to release them on bail. Therefore, without commenting on the merits of the c a s e , I.A. No.19081/2022 is allowed.

It is directed that execution of remaining jail sentence of the appellants- Mahesh Kumar Gurjar, Lakhanlal Uikey and Amar Singh Thakur shall remain suspended and they shall be released on bail on their furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) each with a surety in the like amount to the satisfaction of the trial Court concerned for their appearance before the concerned trial Court on 24.02.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Record of the Court below be called for.

List the case after eight weeks.

(SMT. ANJULI PALO) JUDGE

sm

Signature Not Verified SAN

Digitally signed by SARSWATI MEHRA Date: 2022.10.18 16:32:22 IST