Kuldeep vs The State Of Madhya Pradesh
2023 Latest Caselaw 6307 MP

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   IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                            CRA-5448-2023
     (KULDEEP & OTHERS Vs . STATE OF MADHYA PRADESH)

DATED:- 19-04-2023

      Shri Amit Lahoti - Advocate for the appellants.
      Shri     A.P.S.     Tomar-     Public         Prosecutor   for     the
respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence, it is admitted for final hearing.

Learned Public Prosecutor for the respondent/State accepts notice on behalf of the respondent/State.

Let record of the trial Court be called for. Also heard on I.A. No.7055/2023, 1st application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the appellants No.4 & 7- Virendra & Sonpal @ Sonu respectively.

This appeal under Section 374 (2) of Cr.P.C. has been preferred against the judgment dated 12/04/2023 passed by learned 1st Additional Sessions Judge, Sabalgarh, District- Morena (M.P.) in S.T. No.100366/2015, whereby the appellants No.4 & 7 have been convicted and sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation

307/149 of IPC 5 Years RI 1,000/- 6 Months' RI 323/149 of IPC 6 Months' RI 500/- 1 Month's RI

323/149 of IPC 6 Months' RI 500/- 1 Month's RI 147 of IPC 6 Months' RI 500/- 1 Month's RI Allegations against the appellants, in short, is that they caused the injuries to the injured-Mishrilal who sustained simple injuries. On the basis of aforesaid, crime has been registered against the appellants. Appellants were arrested and after investigation, charge- sheet was submitted. Thereafter, trial was conducted and appellants alongwith co-accused persons was convicted for the aforesaid offences.

Learned counsel for the appellants submits that appellants No.4 & 7- Virendra & Sonpal @ Sonu are aged 63 & 54 years respectively and they have been falsely implicated in this case. Appellants have been wrongly convicted by the learned trial Court. The appellants were on bail during trial and they have not misused the liberty granted to them. Appellants No.4 & 7- Virendra & Sonpal @ Sonu remained in custody for about 16 & 4 days respectively. Appellants are the permanent resident of District- Morena (M.P.) and there are fair chances of success of this appeal. The appeal is of the year 2023 which may take long time for its conclusion and the appellants cannot be kept in custody for an unlimited period. Under these circumstances, the execution of sentence be suspended and the appellants be released on bail.

On the other hand, learned Public Prosecutor appearing on behalf of the respondent/State opposed the bail application and prayed for rejection of this application.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A. No.7055/2023 is allowed.

It is, therefore, directed that if appellants No.4 & 7- Virendra & Sonpal @ Sonu deposit the entire fine amount, if not already deposited, and furnish personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one solvent surety each of the like amount to the satisfaction of trial Court for their appearance before the Registry of this Court on 4th of September, 2023 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to them, shall remain suspended till further orders and appellants No.4 & 7 shall be released on bail.

IA No.7055/2023 is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

Certified copy as per rules/directions.

(DEEPAK KUMAR AGARWAL) JUDGE Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH

RAHUL SINGH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh,

rahul 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab6 76d0cde4dee473fe77953f5,

PARIHAR pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00 D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED91 0FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.04.20 11:55:07 +05'30'