Madhya Pradesh High Court
Jandel Singh vs The State Of Madhya Pradesh on 12 June, 2023
Author: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 5359 of 2023
(JANDEL SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 12-06-2023
Shri Jai Prakash Kushwah - Advocates for the appellants.
Shri Ramadhar Choubey- Public Prosecutor for the State.
At the outset, counsel for the appellants seeks and is granted permission
to withdraw the present application for suspension of sentence on behalf of
appellant no.6- Ajbe @ Ajmer.
Accordingly, the present application is dismissed as withdrawn in
respect to appellant no.6- Ajbe @ Ajmer.
Heard on I.A. No.6929 of 2023, first application under Section 389 (1)
Cr.P.C. for suspension of sentence and grant of bail to the appellants no.1 to 5.
This Criminal Appeal assails the judgment dated 10/04/2023 passed in ST
No.20/2019 by Second Additional Sessions Judge, Joura, District Morena
(M.P.) whereby, appellants no.1 to 5 stood convicted and sentenced under
Section 148 of IPC to undergo rigorous imprisonment of One Year with fine of
Rs.1,000/- under Sections 324/149 of IPC sentenced to undergo rigorous
imprisonment of One-One Year with fine of Rs.1,000/- and under Sections
326/149 of IPC sentenced to undergo rigorous imprisonment of Five-Five
Years with fine of Rs.5,000/- with default stipulations.
Learned counsel for the appellants submits that the trial Court has
wrongly convicted the appellants no.1 to 5 without proper appreciation of facts
of the case. It is further argued that there are lots of contradictions and
omissions in the evidence of the prosecution witnesses. The present criminal
appeal is likely to take long time to conclude. Hence, prayed to suspend the jail
Signature Not Verified
Signed by: VIPIN KUMAR
AGRAHARI
Signing time: 13-06-2023
10:10:12 AM
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sentence and grant of bail to the appellants no.1 to 5.
Per contra, counsel for the respondent/State has 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 rendered by learned counsel for the parties as
well as facts and circumstances of the case, without commenting on merits of
the case, I.A.No.6929 of 2023 is hereby allowed subject to depositing of fine
amount, if not already deposited, and on furnishing personal bond by each of
the appellant 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 appellants no.1 to 5 shall remain
suspended and they shall be released on bail. Appellants no.1 to 5 are further
directed to mark their appearance before the Office of this Court o n 24th of
July, 2023 and on subsequent dates given by the Office in this regard, till final
disposal of this appeal.
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
vpn
Signature Not Verified
Signed by: VIPIN KUMAR
AGRAHARI
Signing time: 13-06-2023
10:10:12 AM
