Gabbar @ Gambhir Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 21825 MP

Madhya Pradesh High Court

Gabbar @ Gambhir Singh vs The State Of Madhya Pradesh on 19 December, 2023

                                       1


           IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR

                        CRR No. 5709 of 2023
     (GABBAR @ GAMBHIR SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)



Dated : 19-12-2023
      Shri Sushil Goswami, learned counsel for the petitioners.
      Shri Prabhat Pateriya, Public Prosecutor for the respondent/State.

Record of the Court below has already been received. Heard on admission.

Admit.

Also heard on I.A.No.22453 of 2023, first application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail moved by the petitioners.

This revision is preferred by the petitioners/accused challenging the judgment dated 4/12/2023 passed by Second Additional Sessions Judge Ambah, District Morena in Criminal Appeal No. 35/2018, whereby the appellate Court has dismissed the appeal filed by the present petitioners challenging the judgment of conviction and sentence dated 9.1.2018 passed by Judicial Magistrate First Class Ambah, District Morena in Criminal Case No.121/2005, whereby, the petitioners have been convicted as under:-

Under Section Imprisonment Fine Rupees Imprisonmen

t in lieu of

fine

323/149 (03 count) 04-04 month 200-200 of IPC Total 600-600

With default 324 (ahat vanshi) of 5 months 200 stipulation IPC 325/149 of IPC 6-6 months 300-300 total (two counts) 600-600

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.22453 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 30/1/2024 and on subsequent dates given by the Registry in this regard, till final disposal of this appeal.

List the matter for final hearing in due course. Certified copy/ e-copy as per rules/directions.

( RAJENDRA KUMAR VANI) JUDGE Ahmad

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,

MOHD AHMAD ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, 2.5.4.20=76cd720db57b34b7642c70ed7eaf9b624f80d89cea07317 bb14d87e882cf0d0f, postalCode=474001, st=Madhya Pradesh, serialNumber=F3F56CD397D8CD6A76865A062F285CC6010CB90C 4A13B78A9AEC4BA8C65B56BA, cn=MOHD AHMAD Date: 2023.12.19 16:24:51 +05'30'