Kamar Lal vs Yashwant Singhal
2023 Latest Caselaw 21572 MP

Madhya Pradesh High Court

Kamar Lal vs Yashwant Singhal on 15 December, 2023

                                                               1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                       CRR No. 5689 of 2023
                                               (KAMAR LAL AND OTHERS Vs YASHWANT SINGHAL)

                          Dated : 15-12-2023
                                 Shri A. K. Jain, learned counsel for the petitioners.

                                 Shri Prabhat Pateriya, Public Prosecutor for the respondent/State.

Heard on I.A.No.22366 of 2023, first application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail moved by the petitioners.

T his revision is preferred by the petitioners/accused challenging the

judgment dated 30/11/2023 passed by First Additional Sessions Judge, District Shivpuri in Criminal Appeal No. 7689/2022, whereby the appellate Court has dismissed the appeal filed by the present petitioners challenging the judgment of conviction and sentence dated 24.11.2022 passed by Judicial Magistrate First Class, Shivpuri, District Shivpuri in Criminal Case No.2801289/2016, whereby, the petitioners have been convicted under section 420/34 of the I.P.C. and sentenced to undergo rigorous imprisonment of One year with fine of Rs.2000/- each with default stipulation.

Learned counsel for the petitioners argued that the Courts below have

wrongly appreciated the evidence and convicted the petitioners. It is further submitted that there are material contradictions and omissions in the statement of prosecution witnesses. It is further argued that petitioners are in jail. The final hearing of this appeal will take time. The remaining jail sentence of the petitioners may be suspended.

On the other hand, learned State counsel opposed the application and prayed for its rejection.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A.No.22366 of 2023, is hereby allowed subject to depositing of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with a solvent surety each of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the petitioners shall remain suspended and they be released on bail. The petitioners are further directed to mark their appearance before the Registry of this Court on 25/1/2024 and on subsequent dates given by the Registry in this regard, till final disposal of this appeal.

Let record of the trial Court be called for.

List the case for admission after receipt of record. Certified copy/ e-copy as per rules/directions.

(RAJENDRA KUMAR VANI) JUDGE

Ahmad