Madhya Pradesh High Court
Umraov Singh vs The State Of Madhya Pradesh on 3 March, 2023
Author: Deepak Kumar Agarwal
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 6893 of 2022
(UMRAOV SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 03-03-2023
Shri Atul Gupta, learned counsel for appellant No.2-Kamlesh Yadav.
Shri Anshu Gupta, learned counsel for appellant No.1-Umrao Singh
Shri B.M. Shrivastava, learned Public Prosecutor for the State.
Heard on I.A.No.630/2023, second application u/Sec. 389(1) of Cr.P.C.
for suspension of sentence and grant of bail filed on behalf of appellant No.2-
Kamlesh Yadav and I.A. No.1180/2023, second application u/Sec. 389(1) of
Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant
No.1-Umraov Singh after dismissal of earlier one as withdrawn by order dated
13.09.2022 by the coordinate Bench.
This criminal appeal has been filed against the judgment dated 18.07.2022
passed in ST No. 200210/14 by First Additional Sessions Judge Ganjbasoda
(M.P.) whereby both the appellants have been convicted for the offence
punishable under Section 420/120B of IPC and sentenced to undergo 3 years
R.I. with fine of Rs. 50,000/-, under Section 467/120B of IPC and sentenced to
undergo 5 years R.I. with fine of Rs. 25,000/-, under Section 468/120B of IPC
and sentenced to undergo 5 years R.I. with fine of Rs. 25,000/- and under
Section 471/120B of IPC and sentenced to undergo 1 year R.I. with default
stipulation.
The allegation against the appellants is that they showed the land to
Dharmendra Yadav and received earnest money of Rs.11,000/- from him.
It is submitted by counsel for the appellant that the appellants were on
bail during trial and they did not misuse the liberty granted to them. Fine amount
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 3/4/2023
11:07:17 AM
has been deposited by them. Both the appellants have suffered incarceration of
more than seven and a half months. Appeal is of the year 2022 which may take
long time for its conclusion. Under these circumstances, the execution of
sentence be suspended and the appellants be released on bail.
On the contrary, learned counsel for the State opposed the application
and prayed for its rejection.
Keeping in view of the aforesaid submissions of learned counsel for the
parties and the fact that an early hearing of this case is not possible,
I.A.No.630/2023 and 1180/2023 are allowed.
It is therefore, directed that if appellants deposit the entire fine amount, if
not already deposited, and furnishes a personal bond in the sum of Rs.25,000/-
(Rupees Twenty Five Thousand Only) each with one solvent surety of the
like amount to the satisfaction of concerned Trial Court for their appearance
before the Principal Registrar of this Court on 22nd August, 2023 and on such
further dates as may be fixed by the office in this regard, sentence of
imprisonment awarded to the appellants shall remain suspended till further
orders and they shall be released on bail.
Application I.A.No.630/2023 and 1180/2023 are allowed and
disposed of.
A copy of this order be sent to the trial Court concerned for necessary
compliance.
C.c. as per rules.
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 3/4/2023
11:07:17 AM
(DEEPAK KUMAR AGARWAL)
JUDGE
ojha
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 3/4/2023
11:07:17 AM
