Munnalal Kol vs The State Of Madhya Pradesh
2023 Latest Caselaw 375 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     CRA No. 12319 of 2022
                                             (MUNNALAL KOL Vs THE STATE OF MADHYA PRADESH)

                         Dated : 06-01-2023
                               Shri Aman Patel- Advocate for the appellant.

                               Shri L.A.S. Baghel - Deputy Government Advocate for the
                         respondent/State.

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.24564/2022, which is the first application on behalf of the appellant under Section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant of bail.

Vide the impugned judgment the appellant has 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 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 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 appellant submits that in a connecting appeal i.e. Criminal Appeal No.10545 of 2022, one of the co-accused person namely Signature Not Verified Signed by: ANIL CHOUDHARY Signing time: 1/7/2023 11:49:08 AM

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 appellant is 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 of co-accused to be six months or more than that bail has been granted but factually he had completed only two months in incarnation.

Shri Shukla submits that even otherwise the present appellant can be

enlarged on bail considering the fact that the final hearing of this appeal will take time.

Considering the submission made by the counsel for the parties, to maintain parity, I am inclined to consider and allow the application. Accordingly, I.A. No. No.24564/2022 is allowed.

I t is directed that remaining jail sentence of the appellant shall remain suspended and he shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with a surety bond of like amount to the satisfaction of the trial Court concerned for his appearance before the Registry of this Court o n 05.04.2023 and on such other dates as may be fixed by the Registry in this regard.

Accordingly, I.A. Nos.24564/2022 is allowed and disposed of. List this case along with Criminal Appeal No.10132/2022. Certified copy as per rules.

(SANJAY DWIVEDI) Signature Not Verified Signed by: ANIL CHOUDHARY Signing time: 1/7/2023 11:49:08 AM

JUDGE ac/-

Signature Not Verified Signed by: ANIL CHOUDHARY Signing time: 1/7/2023 11:49:08 AM