Madhya Pradesh High Court
Jaimandal vs The State Of Madhya Pradesh on 3 May, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 12142 of 2022
(JAIMANDAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 03-05-2023
Per Justice Deepak Kumar Agarwal:
Shri Anshu Gupta- learned counsel for the appellants.
Shri Girdhari Singh Chauhan- learned Public Prosecutor for the
respondent- State.
Heard on I.A. No.7513/2023, first application under Section 389 (1) of
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellants no.1 Jaimandal Yadav and appellant No.5 Bhura Yadav.
This criminal appeal assails the judgment of conviction and order of
sentence dated 07-12-2022 passed in S.T. No.43/2020 by Sessions Judge,
District Ashoknagar (M.P.), whereby the aforesaid appellants have been
convicted under Section 307/34 of IPC and sentenced to undergo five-five
years RI with fine of Rs.2,000-2000/-, sentenced to two-two years RI with fine
of Rs.1,000-1,000/- for offence under Section 325/34 of IPC, one-one year RI
with fine of Rs.1,000-1,000/- for offence under Section 324/34 of IPC (two
counts), sentenced to pay fine of Rs.1,000- 1,000/- for offence under Section
323/34 of IPC (on three counts), sentenced to pay fine of Rs.1,000/ for offence
under Section 323 of IPC and sentenced to pay fine of Rs.4,000/- for offence
under Section 323 of IPC( four counts) with default stipulations. All the
sentences have been directed to run concurrently.
Learned counsel for the present appellants submits that appellants have
been falsely implicated and they have been wrongly convicted by learned trial
Court. Appellant Jaimandal Yadav was in custody for a period of 246 days
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 5/4/2023
10:53:11 AM
during trial whereas appellant Bhura was in custody for a period of 300 days
during trial and they are in custody from the date of passing of impugned
judgment. There are fair chances of success of this appeal. It is further
submitted that co-appellant No.2- Gappu has already been granted the benefit
of suspension of sentence and grant of bail vide order dated 03-03-2023 by this
Court and co-appellant No. 4 Devi Singh has already granted the benefit of
suspension of sentence and grant of bail vide order 21-04-2023 by this Court
and the case of the present appellants is identical to that of co-appellant No.2
and co-appellant appellant No.4 Devi Singh. The appeal is of the year 2022
which 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
jail sentence be suspended and present appellants be released on bail.
On the other hand, learned Public Prosecutor appearing on behalf of
respondent/State opposed the suspension application and prayed for its
rejection.
Keeping in view the aforesaid submissions of learned counsel for the
parties as well as maintaining the parity and the fact that an early hearing of this
case is not possible, without expressing any opinion on the merits of the case,
IA is allowed. It is, therefore, directed that if appellants no.1 Jaimandal Yadav
and appellant No.5 Bhura Yadav deposit the entire fine amount, if not already
deposited, and furnish a personal bond in the sum of Rs.50,000/-(Rupees
Fifty Thousand Only) each with one solvent surety each of the like amount to
the satisfaction of trial Court for their appearance before the Registry of this
Court on 31st of September, 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.
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 5/4/2023
10:53:11 AM
I.A.7513 of 2023 stands disposed of and closed.
Certified copy as per rules.
(ROHIT ARYA) (DEEPAK KUMAR AGARWAL)
JUDGE JUDGE
MKB
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 5/4/2023
10:53:11 AM
