Kamal Singh Markam vs The State Of Madhya Pradesh
2023 Latest Caselaw 22115 MP

Madhya Pradesh High Court

Kamal Singh Markam vs The State Of Madhya Pradesh on 21 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                               1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                       CRA No. 3326 of 2022
                                     (KAMAL SINGH MARKAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 21-12-2023
                                 None for the appellant No.1.

                                 Shri Ramlal Shukla - Advocate for the appellant No.2.
                                 Shri Susheel Kumar Mishra - Advocate for the appellant No.3.
                                 Ms. Shanti Tiwari - Panel Lawyer for the respondent/State.

Heard on I.A.No.14728/2023, which is the second application under

Section 389(1) of the Cr.P.C. filed on behalf of appellant No.2 & 3 for suspension of sentence and grant of bail.

Earlier application for suspension of sentence and grant of bail filed on behalf of appellant Nos. 2 & 3 was dismissed on merit vide order dated 02/08/2022.

T h e appellant Nos. 2 & 3 have been convicted and sentenced as mentioned in the impugned judgment dated 31/03/2022 passed by VII Additional Sessions Judge, Jabalpur in ST.No.35/2012.

Learned counsel for the appellant Nos. 2 & 3 submitted that the trial

Court has wrongly convicted the appellant Nos. 2 & 3 for the aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution witnesses. The appellant Nos. 2 & 3 are in custody since the date of judgment i.e. 31/03/2022, hence he prayed for suspension of jail sentence and release the appellant Nos. 2 & 3 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 appellant Nos. 2 & 3 and the fact that appellant Nos. 2 & 3 are in custody since the date of judgment i.e. 31/03/2022 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 & 3 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

15/02/2024 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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