Indrapal Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7794 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                            CRA No. 6395 of 2023
             (INDRAPAL SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 11-05-2023
       Ms. Shabya Pandey- learned counsel for the appellants.

       Shri Sushant Tiwari, learned counsel for the respondent- State.
       Heard on the question of admission.
       Appeal is admitted for final hearing.
       Also heard on I.A.No.8469 of 2023 which is the first application u/Sec.
389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of

appellant no.1 Indrapal Singh Sikh, appellant No.2 Narvel Singh, appellant No.3
Harpal Singh and appellant No.4 Mahendra Singh.
       Vid e judgment dated     29.04.2023 passed by 1st Additional Sessions
Judge, Ashoknagar in Sessions Trial No.24 of 2016 aforesaid appellants have
been convicted under Sections 325/34, 323/34 (in 3 counts) of IPC and
sentenced to undergo six months RI,with fine of Rs.500/- respectively with
default stipulation.
       Allegation against present appellants is of causing injuries by means of
axe to the complainant and the daughter of the complainant.

       It is submitted by counsel for the appellants that the present appellants
have been falsely implicated. They were on bail during trial and they have not
misused the liberty granted to them. Fine amount has already been deposited
by appellants.. There are fair chances of success of this appeal and same may
take long time for its final disposal and appellants cannot be kept in custody for
an unlimited period. Hence, prayed for suspension of jail sentence by way of
granting bail.
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                                                            On the contrary, counsel for State opposed suspension application and
                                                     prayed for its rejection.
                                                            Keeping in view the aforesaid submissions of learned counsel for the
                                                     parties and the fact that early hearing of this case is not possible, I.A. is
                                                     allowed. It is therefore, directed that if appellants deposit entire fine amount, if
                                                     not already deposited, and furnish a personal bond in the sum of Rs.25,000/-
                                                     (Rupees twenty five thousand only) each with one solvent surety each of the
                                                     like amount to the satisfaction of concerned Trial Court for their appearance
                                                     before the Principal Registrar of this Court on 22.12.2023 and on such further
                                                     dates as may be fixed by the Office in this regard, sentence of imprisonment

                                                     awarded to them shall remain suspended till disposal of this appeal and they
                                                     shall be released on bail.
                                                            IA is allowed and disposed of.
                                                            Certified copy as per rules.
                                                     .

(DEEPAK KUMAR AGARWAL) JUDGE

mani

Digitally signed by SUBASRI MANI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=4b80d075e6ee8e3334ea900da SUBASRI MANI ffef94852390562efcaf7cdb4d94b8fc0be 1414, pseudonym=E7C0C70D17E5C27BC949 540C564953CAC4239A94, serialNumber=CA216CA75EF9E38C378 5C8BBE6486F7003C0B639E6EA08F81A CF600889A329F3, cn=SUBASRI MANI Date: 2023.05.12 11:32:50 -07'00'