Madhya Pradesh High Court
Ashok vs The State Of Madhya Pradesh on 18 December, 2023
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 15143 of 2023
(ASHOK AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 18-12-2023
Shri M.L.Yadav, learned counsel for the appellants.
Shri VPS Tomar, learned PL for the respondent/State.
Heard on the question of admission.
Record of the trial Court has been received.
Being arguable, the appeal is admitted for final hearing.
Also heard on IA No.22244 of 2023 first application under Section
389(1) Cr. P.C. moved on behalf of appellants No.1 to 4, namely, Ashok,
Banwari, Rinku and Autar Singh seeking suspension of sentence and grant
of bail.
Appellants Ashok, Banwari and Autar Singh stood convicted under
Section 326/34 of IPC and sentenced to undergo two years RI with fine of
Rs.1,000/- and appellant Rinku stood convicted U/s 326 of IPC and sentenced
to undergo two years RI with fine of Rs.1,000/- with default stipulations
respectively vid e judgment of conviction and order of sentence dated
28.11.2023 passed by First ASJ, Sabalgarh Distt. Morena, in Sessions Trial
No. 290033 of 2016.
Learned Counsel for appellants submits that the impugned judgment
passed by learned trial Court is based on assumption, conjectures 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 contradictions and omissions in the evidence of
witnesses. The jail sentence of appellants has been suspended by learned trial
Court for a period of one month under Section 389(3) of the Cr.P.C. from the
date of impugned judgment i.e. 28.11.2023 and fine amount has already been
deposited by the appellants. There is no likelihood of early hearing of the appeal
in near future. On these premised submissions, learned counsel prays that the
execution of remaining jail sentence of appellants may be suspended and he
may be enlarged on bail during pendency of the instant appeal.
Per contra, learned counsel for State opposes the application and prays
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 the
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)
each 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 first on 08-01-
2024 and on further dates as may be fixed by the Registry in this regard till final
disposal of the instant appeal.
Accordingly, aforesaid IA stands allowed and disposed of.
List for final hearing in due course.
Certified copy as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
Rks
