Rajesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 12303 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                         CRA No. 9862 of 2023
                                            (RAJESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 02-08-2023
                                 Shri Anshu Gupta - learned counsel for the appellant.

                                 Shri A.P.S. Tomar- learned Public Prosecutor for the respondent-State.

Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing. Also heard on IA No. 14355/2023, first application under Section 389(1) Cr. P.C. moved on behalf of the appellants seeking suspension of

sentence and grant of bail.

Appellant No.1 Rajesh, appellant No.2 Pappu @ Ajab Singh and appellant No.3 Bhaiya @ Prakash stand convicted under Section 325/34 of IPC and sentenced to undergo two years' RI with fine of Rs. 2000/- and Section 324/34 of IPC and setenced to undergo six months' RI with fine of Rs.1000/- wit h default stipulation v i d e judgment of conviction and sentence dated 17/07/2023 passed by First Additional Sessions Judge, Basoda District Vidisha in S.T. No. 80/2020.

Learned Counsel for appellants submits that the impugned judgment

passed by learned trial Court is based on assumption, conjecture and surmises. The learned Trial Court has committed an error in convicting and sentencing the present appellants without appreciating the prosecution evidence properly. There are material contractions and omissions in the evidence of witnesses. The appellants were on bail during trial and they did not misuse the liberty so granted to them. Fine amount has already been deposited by the appellants. The jail sentence of appellants was already suspended by learned Trial Court, under Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 04-08-2023 10:16:55 AM

Section 389(3) of the Cr.P.C. There is no likelihood of hearing of appeal in n e a r future. On these grounds, learned Counsel prays that execution of remaining jail sentence of appellants may be suspended and he may be enlarged on bail.

Per contra, learned Counsel for respondent State opposed the application and prayed for its rejection. He contends that appellants are convicted on proper appreciation of evidence. No case is made out for suspension of sentence.

Upon hearing learned Counsel for the parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that

application deserves to be allowed. It is, accordingly directed that execution of remaining jail sentence of appellants shall remain suspended during pendency of this appeal and they shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety each in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for their appearance before the Registry of this Court on 03.10.2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No.14355/2023 stands allowed and disposed of. Call for the record of the Court below and list thereafter for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Avi

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 04-08-2023 10:16:55 AM