Madhya Pradesh High Court
Premlal Gupta vs The State Of Madhya Pradesh on 6 January, 2023
Author: Sanjay Dwivedi
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 10320 of 2022
(PREMLAL GUPTA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 06-01-2023
Shri Jai Shukla - Advocate for the appellants.
Shri L.A.S. Baghel - Deputy Government Advocate for the
respondent/State.
Counsel for the appellants has moved I.A. No.24944/2022, which is an
application for withdrawal of this appeal in respect of appellant No.7/Chedi
Musalman.
Considering the reasons assigned in the application, the same is allowed.
This appeal is dismissed as withdrawn in respect of appellant No.7 only.
Record of the trial court has been received.
Heard on the question of admission.
Considering the submission made by the counsel for the appellant, it
appears that appeal involves arguable points, therefore it is admitted for final
hearing.
Also heard on I.A. No. No.21159/2022, which is the first application on
behalf of the appellants (except appellant No.7) under Section 389(1) of the
Code of Criminal Procedure for suspension of sentence and grant of bail.
Vide the impugned judgment all the appellants have been convicted under
Sections 307/149, 333/149, 435/149, 148, 332/149, 342/149, 427 of the Indian
Penal Code and Section 4 of the Prevention of Damage to Public Property and
sentenced thereunder each of them to suffer RI for seven years with a fine of
Rs.500/-, RI for seven years with a fine of Rs.500/-, RI for five years with a fine
of Rs.500/-, RI for one year with a fine of Rs.500/-, RI for one year with a fine
Signature Not Verified
Signed by: ANIL
CHOUDHARY
Signing time: 1/7/2023
11:49:08 AM
of Rs.500/-, RI for one year with a fine of Rs.500/-, RI for one year with a fine
of Rs.500/- and RI for two years with a fine of Rs.500/- with default
stipulations. However, all the sentences are directed to be run concurrently.
Learned counsel for the appellants submits that in a connecting appeal i.e.
Criminal Appeal No.10545 of 2022, one of the co-accused person namely
Prakash Gupta facing similar allegation has been granted bail by this Court and
his remaining jail sentence has also been suspended. He submits that
considering the same, the present appellants are also entitled to get the same
treatment as has been given to that of co-accused person.
Learned counsel for the respondent/State has opposed the application
a n d submitted that in the connecting appeal under some misconception
considering the period of incarnation to be six months or more than that the co-
accused has been granted bail but factually he had completed only two months
in incarnation.
Shri Shukla submits that even otherwise the present appellants can be
enlarged on bail considering the fact that the final hearing of this appeal will take
time.
Considering the submissions made by the counsel for the parties, to
maintain parity, I am inclined to consider and allow the application.
Accordingly, I.A. No. No.21159/2022 i s allowed only in respect of
appellants Nos.1, 2, 3, 4, 5, 6 & 8.
I t is directed that remaining jail sentence of the said appellants shall
remain suspended and they shall be released on bail upon their furnishing a
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) each with
a surety bond each of like amount to the satisfaction of the trial Court
Signature Not Verified
concerned for their appearance before the Registry of this Court on
Signed by: ANIL
CHOUDHARY
Signing time: 1/7/2023
11:49:08 AM
05.04.2023 and on such other dates as may be fixed by the Registry in this
regard.
Accordingly, I.A. Nos.24944 and 21159/2022 are a llo we d and
disposed of.
List this case along with Criminal Appeal No.10132/2022.
Certified copy as per rules.
(SANJAY DWIVEDI)
JUDGE
ac/-
Signature Not Verified
Signed by: ANIL
CHOUDHARY
Signing time: 1/7/2023
11:49:08 AM
