Laxmi Prasad vs The State Of Madhya Pradesh
2023 Latest Caselaw 7234 MP

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        IN THE HIGH COURT OF MADHYA PRADESH
                             AT GWALIOR
                              CRA-2231-2023
       (LAXMIPRASAD & OTHERS Vs . STATE OF MADHYA PRADESH)

DATED:- 03-05-2023

      Shri Anshu Gupta- Advocate for the appellant.
      Shri Pramod Pachauri - Public Prosecutor for the respondent/State.

Heard on I.A. No.7749/2023, Second application under Section 389

(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf

of the appellants No.3 & 5- Harinarayan @ Kallu & Hazrat @ Mantu

respectively. Their first application was dismissed vide order dated

10/02/2023.

This appeal has been preferred against the judgment dated 20/01/2023

passed by 1st Additional Session Judge, Ganjbasoda, District- Vidisha (M.P.)

in S.T. No.200021/2016, whereby the appellants No.3 & 5 have been

convicted and sentenced as under:-

Sections Sentence Fine (Rs.) Default Stipulation

147 of IPC 6 Months RI - -

      148 of IPC           1 Year RI            -
    307/149 of IPC        5 Years RI         10,000/-         6 Months RI

Allegations against the appellants, in short, are that they assaulted the

complainant's father by means of sticks, due to which, he received injuries.

On the basis of aforesaid, crime has been registered against the appellants

and co-accused persons.

Learned counsel for the appellants submits that appellants are aged 30

& 32 years respectively and they have been falsely implicated in this case.

They are not concerned with the case directly or indirectly. The appellants

have been wrongly convicted by the learned trial Court. The appellants were

on bail during trial and they have not misused the liberty granted to them.

The appellants have suffered more than four months of incarceration. The

appellants are the permanent resident of District- Vidisha (M.P.) and there

are fair chances of success of this appeal and the appeal may take long time

for its conclusion and the appellants cannot be kept in custody for an

unlimited period. Under these circumstances, the execution of sentence be

suspended and the appellants be released on bail.

On the other hand, learned Public Prosecutor appearing on behalf of

the respondent/State opposed the application and prayed for rejection of this

application.

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.7749/2023 is allowed.

It is, therefore, directed that if appellants No.3 & 5- Harinarayan @

Kallu & Hazrat @ Mantu respectively deposit the entire fine amount, if not

already deposited, and furnish personal bond in the sum of Rs.25,000/-

(Rupees Twenty Five Thousand Only) each to the satisfaction of trial

Court for their appearance before the Registry of this Court on 20th of

October, 2023 and on such subsequent dates as may be fixed in this regard,

sentence of imprisonment awarded to them, shall remain suspended till

further orders and they shall be released on bail.

IA No.7749/2023 stands allowed and disposed of.

A copy of this order be sent to the trial Court concerned for necessary

compliance.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE RAHUL Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,

SINGH postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da4606840346 2fdf82ab676d0cde4dee473fe77953f5,

rahul pseudonym=68E0B84BAE73376CD071289B3D9 FE728CE00D487,

PARIHAR serialNumber=0275C4F803F94C47998BE5C534E 21BDED910FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.05.04 17:43:10 +05'30'