Madhya Pradesh High Court
Jagdeesh vs The State Of Madhya Pradesh on 24 July, 2023
Author: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 9349 of 2023
(JAGDEESH Vs THE STATE OF MADHYA PRADESH)
Dated : 24-07-2023
Shri S.S. Rajput - learned counsel for the appellant.
Shri Rajeev Upadhyay - learned Public Prosecutor for the respondent-
State.
Heard on the question of admission.
Being arguable, the appeal is admitted for final hearing.
Also heard on IA No. 13439/2023, first application under Section
389(1) Cr. P.C. moved on behalf of the appellant seeking suspension of
sentence and grant of bail.
Appellant stand convicted under Sections 326 of the IPC and
sentenced to undergo three years' with fine of Rs. 10,000/- with default
stipulation vide judgment of conviction and sentence dated 12/07/2023 passed
by Additional Sessions Judge, Chachoda District Guna (M.P.) in Sessions
Trial No. 21/2017.
Learned Counsel for appellant submits that there is only one injury on left
thumb of the injured. On x-ray, it was found fracture. It is further submitted
that the impugned judgment passed by learned trial Court is based on
assumption, conjecture and surmises. The learned Trial Court has committed an
error in convicting and sentencing the present appellant without appreciating the
prosecution evidence properly. There are material contractions and omissions in
the evidence of witnesses. The appellant was on bail during trial and he did not
misuse the liberty so granted to him. Fine amount has already been deposited
by the appellant. The jail sentences of appellant was suspended by learned trial
Court, under Section 389(3) of the Cr.P.C. There is no likelihood of hearing
of appeal in near future. On these grounds, learned Counsel prays that
execution of remaining jail sentence of appellant may be suspended and he
may be enlarged on bail.
Per contra, learned Counsel for respondent State opposed the
application and prayed for its rejection. He contends that appellant is convicted
on proper appreciation of evidence. No case is made out for suspension of
sentence.
Upon hearing learned Counsel for the parties but without commenting
upon rival contentions touching merits of the case, this Court is of the view that
application deserves to be allowed. It is, accordingly directed that execution of
remaining jail sentence of appellant shall remain suspended during pendency of
this appeal and he shall be enlarged on bail subject to furnishing personal bond
in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent
surety each in the like amount to the satisfaction of Trial Court and also
subject to deposit of the fine amount (if not already deposited) for his
appearance before the Registry of this Court on 11.09.2023 and on further
dates as may be directed by the Registry in that regard.
Accordingly, I.A. No. 13439/2023 stands allowed and disposed of.
Call for the record of the Court below and list thereafter for final hearing
in due course.
Certified copy as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
Prachi
PRACHI
MISHRA
2023.07.25
09:53:38
+05'30'
