Madhya Pradesh High Court
Jamal Ali @ Pappu vs The State Of Madhya Pradesh on 31 July, 2023
Author: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 9734 of 2023
(JAMAL ALI @ PAPPU AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 31-07-2023
Shri Anshu Gupa - learned counsel for the appellants.
Shri Pramod Pachori - 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. 14098/2023, first application under Section
389(1) Cr. P.C. moved on behalf of the appellants seeking suspension of
sentence and grant of bail.
Appellant No.1 stands convicted under Sections 148, 324, 324 and
325/149 of the IPC and appellant Nos. 2 to 6 convicted under Sections 147,
324/149, 324/149 and 325/149 of the IPC and appellant No.1 sentenced to
undergo one year's RI with fine of Rs. 500/-, two years' RI with fine of Rs.
500/-, two years' RI with fine of Rs. 500/- and two years' RI with fine of Rs.
500/- and appellant Nos. 2 to 6 sentenced to undergo six months RI with fine of
Rs. 500/-, two years' RI with fine of Rs. 500/-, two years' RI with fine of Rs.
500/- and two years' RI with fine of Rs. 500/- respectively with default
stipulation vide judgment of conviction and sentence dated 17/07/2023 passed
by First Additional Sessions Judge, Sabalgarh District Morena (M.P.) in
Sessions Trial No. 100320/2015.
Learned Counsel for appellants submits that the learned Trial Court has
committed an error in convicting and sentencing the present appellants without
appreciating the prosecution evidence properly. There are material contractions
and omissions in the evidence of witnesses. The appellants were on bail during
trial and they did not misuse the liberty so granted to them. Fine amount has
already been deposited by the appellants. The jail sentences of appellants were
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 appellants may be
suspended and they may be enlarged on bail.
Per contra, learned Counsel for respondent State opposed the
application and prayed for its rejection.
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 appellants shall remain suspended during pendency of
this appeal and they shall be enlarged on bail subject to furnishing personal
bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each 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 25.09.2023 and on further
dates as may be directed by the Registry in that regard.
Accordingly, I.A. No. 14098/2023 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
2023.08.01
10:05:52
+05'30'
