Mangeelal vs The State Of Madhya Pradesh
2022 Latest Caselaw 12404 MP

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                 IN THE HIGH COURT OF MADHYA PRADESH
                              AT GWALIOR
                               CRA No. 8121 of 2022
                  (MANGEELAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 16-09-2022
       Shri Anand Kumar Gupta, learned counsel for the appellants.

       Shri Nitin Goyal, learned Panel Lawyer for the respondent-State.

Heard on I.A. No. 14619 of 2022, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellants.

This Criminal Appeal assails the judgment dated 09.09.2022 passed in

S T No.44 /2015 by Additional Sessions Judge, Chachouda, District Guna (M.P.) whereby, appellants stood convicted under Sections 148, 325/149 (4 counts), 323/149 (6 counts) of the IPC and sentenced them to undergo one year RI, three years RI and four months RI with a fine of Rs.500/-, Rs.1000-1000/- and Rs.500-500/- respectively, with default stipulations.

Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellants without proper appreciation of facts of the case. He further argued that the cross-case bearing Case No.33/2017 is also pending against the complainant party in which they were convicted. It is a case

of free fight. Appellants were on bail during trial and they have not misused the liberty so granted to them. Final hearing of this appeal will take long time. Hence, prayed to suspend the jail sentence and grant of bail to the appellants.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A.No. 14619 of 2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) each with a solvent surety each of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellants shall remain suspended and they be released on bail. Appellants are further directed to mark their appearance before the Office of this Court o n 28/11/2022 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

Monika

MONIKA SHARMA 2022.09.16 17:47:33 +05'30'