Sohan Malakar vs The State Of Madhya Pradesh
2023 Latest Caselaw 4574 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 4064 of 2023 (SOHAN MALAKAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 23-03-2023 None for the either side.

Considered I.A.No.4008/2023, which is first application under Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of all the appellants No.1 to 25 namely Sohan Malakar S/o Kanhaiyalal, Lokendra @ Lokesh S/o Basantilal, Shailu Thakur @ Shailendra Takkar @

Kattar S/o Gopal Chawda, Rakesh @ Raju S/o Shri Pannalal Mali, Ravi S/o Pappu Malviya, Ravi S/o Mohanlal, Santosh S/o Kanhaiyalal, Rahul S/o Mevalal Bhoi, Harish S/o Mulchand Kahar, Kaliya @ Raju S/o Laxman Bhoi, Harish S/o Manoharlal, Satish S/o Ramchandra @ Nana Mali, Aakash S/o Ashok Balai, Sanjay @ Sanju S/o Babu @ Babulal Kahar, Rahul S/o Radheshyam Malakar, Teju Kahar S/o Ganpat Kahar, Shekhar S/o Tarachandra, Rohit S/o Radheshyam Malakar, Rahul S/o Gumansingh Thakur, Kaluram S/o Pannalal Mali, Manish Kahar S/o Dilip Kahar, Rajesh S/o Radheshyam Kahar, Rakesh @ Raju S/o Prahalad Mali, Rahul Varra S/o Hariram Mali and Ganesh S/o Dhulji

Mali.

Appellants stand convicted vide judgment dated 24/01/2023 passed in S.T.No.21/2020 by II Additional Sessions Judge, Mahdipur, District Ujjain (M.P.) under Sections 323, 332/149, 333/149, 147 and 294 of Indian Penal Code, 1860 and have been sentenced to undergo 06 months RI with fine of Rs.500/-, 02 years RI with fine of Rs.1,000/-, 03 years RI with fine of Rs.1,000/-, 01 year RI with fine of Rs.500/- and only fine of Rs.500/- respectively with usual default stipulation. Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 3/24/2023 12:52:25 PM

It is contended in the application that the appellants are innocent persons and they have been falsely implicated in this matter. During the trial appellants were on bail and they have not misused the liberty granted to them. Their jail sentence has also been suspended temporarily by the trial Court till 21/04/2023. There are material contradictions and omissions in the statement of the witnesses. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. Prima facie there is a strong case in favour of the appellants. Hence, the execution of the remaining part of the jail sentence of the appellants be suspended, till the final disposal of this appeal.

Perused the impugned judgment of the trial Court. Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellants and also taking note of the fact that appellants were on bail during the trial; there is no complaint that they have misused the liberty granted to them and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the remaining custodial sentence of the appellants.

Accordingly, I.A.No.4008/2023 is allowed and it is directed subject to deposit of fine any amount, if not already deposited, and subject to furnishing personal bond by the appellants in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) each with separate solvent surety each in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellants shall remain suspended, till the final disposal of this appeal.

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 3/24/2023 12:52:25 PM

The appellants after being enlarged on bail shall mark their presence before the Registry of this Court on 20/09/2023 and on all such subsequent dates, which are fixed in this behalf.

Let record of the trial Court be requisitioned. Certified copy as per rules.

(ANIL VERMA) JUDGE Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 3/24/2023 12:52:25 PM