Madhya Pradesh High Court
Pasiya vs The State Of Madhya Pradesh on 29 March, 2023
Author: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 3753 of 2023
(PASIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 29-03-2023
Shri Mohd. Rafik Sheikh - Advocate for appellants.
Shri Tarun Pagare - Government Advocate for the respondent/State.
Heard on IA.No.4380/2023, which is an application for dispensing with
from filing certified copy.
Counsel for the appellants submits that he has already filed copy of the
impugned judgment signed and verified by Presiding Officer, therefore,
application is allowed and appellant is dispensed with from filing certified copy
of the impugned judgment.
Also heard on I.A.No.3728/2023, 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 the appellants No.1 to 4 namely Pasiya, Guddu, Jalu and Santu.
Appellants stands convicted vide judgment dated 01/03/2023 passed in
S.T.No.30/2021 by Sessions Judge, Jhabua (M.P.) under Sections 324/34 and
325/34 of Indian Penal Code, 1860 and have been sentenced to under go 06
months RI with no fine and 06 months RI with fine of Rs.200/- respectively. In
addition to this appellant No.1 Pasiya has been punished under Section 25(1-B)
(B) of the Arms Act and sentenced to under 02 years RI with fine of Rs.200/-
with usual default stipulation.
Learned counsel for the appellants submits that 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 by the Trial Court till 30/04/2023.
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 3/29/2023
6:16:35 PM
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. 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.
Per contra, learned counsel for the respondent / State opposes the
application for suspension of sentence and prays for its rejection.
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.3728/2023 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 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 final disposal of
this appeal.
The appellants after being enlarged on bail shall mark their presence
before the Registry of this Court on 29/09/2023 and on all such subsequent
dates, which are fixed in this behalf.
Let record of the trial Court be requisitioned.
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 3/29/2023
6:16:35 PM
Certified copy as per rules.
(ANIL VERMA)
JUDGE
Tej
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 3/29/2023
6:16:35 PM
