Jayram vs Munni Devi
2023 Latest Caselaw 13192 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                         CRA No. 10360 of 2023
                                                    (JAYRAM AND OTHERS Vs MUNNI DEVI)

                           Dated : 14-08-2023
                                 Ms. Puja Singh, learned counsel for the appellants.

                                 Shri Rohit Shrivastava, learned PL for the respondent/State.

Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing. Also heard on IA No. 15051/2023, first application under Section 389(1) Cr. P.C. moved on behalf of the appellants seeking suspension of

sentence and grant of bail.

Appellants stand convicted under Section 467, 468, 471 and 120B of IPC and sentenced to undergo RI for 03-03 years with fine of Rs.2,000-2,000/- , 03-03 years with fine of Rs.2,000-2,000/-, 03-03 years with fine of Rs.2,000- 2,000/- and 02-02 years with fine of Rs.2,000-2,000/- with default stipulations vide judgment of conviction and sentence dated 04.08.2023 passed by II ASJ, Morena in ST No.271/2017.

Learned Counsel for appellants submits that no overact is attributed to the appellants therefore, the learned Trial Court has committed an error in

convicting and sentencing the present appellants without appreciating the prosecution evidence properly. There are material contradictions 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. There is no likelihood of hearing of appeal in near future. The sentence of appellants have already been suspended by the trial Court under Section 389 (3) of Cr.P.C. On these grounds, learned Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 15/08/2023 9:57:32 AM

Counsel prays that execution of remaining jail sentence of appellants may be suspended and they may be enlarged on bail.

Per contra, learned Counsel for respondent/State opposes the application and prayed for its rejection.

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 30.10.2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, aforementioned I.A. stands allowed and disposed of. Record of the court below be called for and thereafter for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Rks

Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 15/08/2023 9:57:32 AM