Munna Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 313 MP

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                 IN THE HIGH COURT OF MADHYA PRADESH
                              AT GWALIOR
                                 CRA No. 8447 of 2022
                 (MUNNA SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 05-01-2023
       Shri Puran Kumar Kulshreshtha, learned counsel for the appellant.

       Shri C.P. Singh, learned Panel Lawyer for the respondent/State.

Heard on I.A. No. 16796 of 2022, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 12.09.2022 passed in S T No.233/2015 by Additional Sessions Judge, Morena, District Morena (M.P.) whereby, appellant stood convicted under Section 341 of the IPC and sentenced them to undergo 1 month of RI, with fine of Rs. 100/- and Under Section 323, 323/34 (double count) of IPC and sentenced to undergo 6 months of RI with fine of Rs. 1,000/- and under Section 326 of IPC and sentenced to undergo 4 years of RI with fine of Rs. 4000/- with default stipulations.

Learned counsel for the appellants submits that the trial Court has wro ngly convicted the appellant. There are material omissions and

contradictions in the evidence of prosecution witnesses. The appellant has already suffered four and a half month of incarceration out of total sentence awarded to him. Final hearing of this appeal will take long time. Learned counsel for the appellant submitted that he will file an application for condonation of appearance of co-accused- Karoo. Hence, prayed to suspend the jail sentence and grant of bail to the appellants.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A.No. 16796 of 2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 14/02/2023 and on subsequent dates given

by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

Vishal

Digitally signed by PRACHI MISHRA

PRACHI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=cc727abda3453804cde48b1afcb367a fdaf978aea111b1ff29eae55fd213bc09,

MISHRA pseudonym=2989C2368D959ACCC89B7B9F9 684E85AC46EB3A3, serialNumber=C1F6C7B3B2D7FCD42440840C F9E7A7C177E01EABE96DBBA40D811ECEC6E2 3BC5, cn=PRACHI MISHRA Date: 2023.01.06 10:53:02 -08'00'