Madhya Pradesh High Court
Kaleem vs The State Of Madhya Pradesh on 3 May, 2023
Author: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1303 of 2023
(KALEEM AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 03-05-2023
Shri Kabeer Paul and Shri Sankalp Kochar - Advocates for the
appellants.
Shri C.M. Tiwari - Government Advocate for the respondent/State.
Heard on the question of admission.
Admit.
Also heard on I.A. No.5125/2023, this is the application for suspension
of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of
appellants.
The appellants have been convicted for the offence punishable under
Sections 188 of the IPC and sentenced them to undergo R.I. for one month and
fine of Rs.200/-, under Section 148 of the IPC and sentenced them to undergo
RI for two years and fine of Rs.500/-, under Section 307 r/w Section 149 of the
IPC and sentenced them to undergo RI for seven years and fine of Rs.2,000/-,
under Section 332 r/w Section 149 of the IPC (on 11 counts) and sentenced
them to undergo RI for two years and fine of Rs.300/-(total Rs.3300 for 11
counts) and under Section 427 of the IPC and sentenced them to undergo RI
for one year and fine of Rs.500/- with default stipulations respectively.
Learned counsel for the appellants submitted that the trial Court without
appreciating the evidence properly, wrongly convicted the appellants for the
aforesaid offences. There are several omissions and contradictions in the
evidence adduced by the prosecution. The appellants are in custody since the
date of judgement i.e.20/12/2022. Hence prayed for suspension of the jail
Signature Not Verified
Signed by: MONIKA
CHOURASIA
Signing time: 5/3/2023
6:26:53 PM
sentence and release of the appellants on bail since the hearing of this appeal is
likely to take long time.
On the other hand learned counsel for the State opposed the prayer and
submitted that the guilt of the appellants was proved beyond reasonable doubt,
therefore, learned trial Court has rightly convicted and sentenced the appellants.
Looking to the contention of learned counsel for the appellants and
considering the facts and circumstances of the case and as to the fact that the
appellants are in custody since the date of judgment i.e.20/12/2022 and hearing
of this appeal according to listing policy will take time, the application is
allowed and it is directed that the execution of the jail sentence alone passed
against the appellants shall remain suspended during the pendency of this appeal
and they be released on bail upon furnishing personal bond in the sum of
Rs.50,000/- (Rs. Fifty Thousand only) each with one surety each in the like
amount to the satisfaction of the trial Court for their appearance before the
Registry of this Court on 12/09/2023 and on such further dates as may be fixed
in this behalf by the Registry during the pendency of this appeal.
Let the matter be listed for final hearing in due course.
C.C. on payment of usual charges.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
m/-
Signature Not Verified
Signed by: MONIKA
CHOURASIA
Signing time: 5/3/2023
6:26:53 PM
