Jaimandal vs The State Of Madhya Pradesh
2023 Latest Caselaw 6492 MP

                                       1

      IN THE HIGH COURT OF MADHYA PRADESH

                            AT GWALIOR
                            CRA-12142-2022

   (JAIMANDAL AND OTHERS Vs . STATE OF MADHYA PRADESH)

DATED:- 21-04-2023

      Shri Anshu Gupta- Advocate for the appellants.
      Shri      A.K.   Nirankari   -       Public     Prosecutor     for     the
respondent/State.

Per Justice Deepak Kumar Agarwal:

Heard on I.A. No.4930/2023, 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.3 & 4- Prahlad and Devi Singh respectively.

This criminal appeal assails the judgment dated 07/12/2022 passed in S.T. No.43/2020 by the Sessions Judge, District- Ashoknagar (M.P.), whereby the appellants No.3 & 4 have been convicted and sentenced as under:-

        Sections              Sentence         Fine (Rs.)          Default
                                                              Stipulation
     307/34 of IPC           5 Years RI             2000/-    6 Months RI
      325/34of IPC           2 Years RI             1,000/-   3 Months RI
      324/34 of IPC           1 Year RI             1,000/-   2 Months RI
     323/34 of IPC                 -                1,000/-   2 Months RI
       323 of IPC                  -                1,000/-   2 Months RI
 323of IPC (four counts)           -                4,000/-           -

The allegation against the appellants No.3 & 4 is of assaulting the injured with Axe.

Learned counsel for the appellants submits that appellants have been falsely implicated in this case and they have been wrongly convicted by the learned trial Court. Appellants No.3 and 4 have suffered more than 11 & 14 months of incarceration respectively and they are the permanent resident of District- Ashoknagar (M.P.) and there are fair chances of success of this appeal. It is further submitted that co-appellant No.2- Gappu has already been granted the benefit of suspension of sentence and grant of bail vide order dated 03/03/2023 by this Court and the case of the appellants No.3 & 4 is akin to the said co-appellant No.2. The appeal is of the year 2022 which may take long time for its conclusion and the appellants No.3 & 4 cannot be kept in custody for an unlimited period. Under these circumstances, the execution of jail sentence be suspended and the appellants No.3 &4 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, IA No.4930/2023 is allowed.

It is, therefore, directed that if appellants No.3 & 4- Prahlad and Devi Singh respectively deposit the entire fine amount, if not already deposited, and furnish a personal bond in the sum of Rs.50,000/-(Rupees Fifty 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 31st 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 they shall be released on bail.

I.A. No.4930/2023 is allowed and disposed of. Certified copy as per rules.

                              (ROHIT ARYA)                                                (DEEPAK KUMAR AGARWAL)
                                 JUDGE                                                             JUDGE

Digitally signed by RAHUL SINGH PARIHAR

RAHUL SINGH rahul DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cd

PARIHAR e4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4A B9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.04.21 17:20:57 +05'30'