Mukesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 20889 MP

Madhya Pradesh High Court

Mukesh vs The State Of Madhya Pradesh on 11 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 9897 of 2023
                                            (MUKESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-12-2023
                                   Shri Mithilesh Prasad Tripathi - Advocate for appellants.

                                   Ms. Shakti Tripathi - Panel Lawyer for respondent/State.

Heard on I.A.No.28454/2023, which is the first application under Section 389(1) of the Cr.P.C. filed on behalf of appellant Nos.2 Dhan Singh, appellant No.4 Pappu and appellant No.6 Kailash for suspension of sentence and grant of

bail.

The appellant Nos. 2, 4 to 6 have been convicted vide judgment dated 26/07/2023 passed by Sessions Judge, Burhanpur in S.T. No.32/2018 for the offence punishable under Sections 341(to each), 148(to each), 332/149 (four counts), 307/149 of the IPC and sentenced them to undergo R.I. for one month, R.I. for 1 year (on each) with fine of Rs.500/- each, R.I. for 2-2 years (each) with fine of Rs.500/- -Rs.500/- and R.I. for ten years with fine of Rs.1,000/- each respectively with default stipulation.

Learned counsel for the appellants submitted that the trial Court has

wrongly convicted the appellant Nos. 2, 4 and 6 for the aforesaid offence. There are several omissions and contradictions in the evidence adduced by the prosecution witnesses. The appellant Nos. 2, 4 and 6 are in custody since the date of judgment i.e. 26/07/2023, hence he prayed for suspension of jail sentence and release the appellant Nos.2, 4 and 6 on bail as final hearing of this appeal will take time.

On the other hand, learned counsel for the respondent/State opposed the prayer and prayed for dismissal of the above application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellants and the fact that the appellant Nos.2, 4 and 6, who are in custody since 26/07/2023 and according to listing policy the hearing of this appeal will take time, application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant Nos.2, 4 and 6 shall remain suspended during pendency of this appeal and they be released on bail subject to depositing fine amount, if not already deposited and upon their furnishing personal bond in the sum of Rs.50,000/- (Rs. fifty thousand only) each with one surety each in like amount to the satisfaction of the trial Court for their appearance before the trial Court on 24/01/2024 and on such further dates

as may be fixed by trial Court in this regard during the pendency of this appeal.

List the matter for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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