Seetaram vs The State Of Madhya Pradesh
2023 Latest Caselaw 13022 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 9176 of 2023 (SEETARAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 10-08-2023 Shri Dinesh Singh Tomar - Advocate for the appellants.

Shri Dheeraj Bhudholiya- Panel Lawyer for the State. Heard on the question of admission;

This appeal appears to be arguable, hence, it is admitted for final hearing.

Heard on I.A. No.13182 of 2023, which is first application under

Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellants no.1 to 5.

This Criminal Appeal assails the judgment dated 27.06.2023 passed by Additional Sessions Judge, Radhogarh, District Guna (M.P.) in ST. No.126/2019, whereby appellants no.1 to 5 have been convicted and sentenced under Section 326/149 of IPC to undergo rigorous imprisonment of Three- Three Years with fine of Rs.1,000-1,000/-, under Section 323/149 of IPC to undergo rigorous imprisonment of Three -Three Months with fine of Rs.300- 300/- with default stipulations.

Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellants without considering the material and evidence available on record. It is further submitted that the complainant/injured has not supported the case of prosecution in his cross-examination. Other witnesses including eye-witnesses have also turned hostile and not supported the case of prosecution. There are material omissions and contradictions in the evidence of the prosecution witnesses. Further argument is that the appellants no.1, 3 & 5 Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11-08-2023 10:35:27 AM

have served 36 days of incarceration and appellants no.2 & 4 have served 260 & 245 days of incarceration out of total jail sentence of three years. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to 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.13182 of 2023 is hereby

allowed. Subject to depositing fine amount, if not already deposited, and on furnishing personal bond by each of the appellant in sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellants no.1 to 5 shall remain suspended and they be released on bail. Appellants is further directed to mark their appearance before the Office of this Court on 26.10.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing on 26/10/2023. 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

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Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11-08-2023 10:35:27 AM