Kuldeep vs The State Of Madhya Pradesh
2023 Latest Caselaw 8077 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 5448 of 2023
                                          (KULDEEP AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 18-05-2023
                                 Shri Brajesh Kumar Tyagi- Advocate for the appellant.

                                 Shri G.S. Chauhan- Government Advocate for the respondent/State.

Shri Devesh Sharma- Advocate for the complainant. Heard on I.A. No.9091/2023, First application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the appellants No. 1 and 2 namely Kuldeep s/o Rajendra Singh Jadon and Sunil s/o

Sonu @ Sonpal Singh Jadon respectively.

This appeal under Section 374 (2) of Cr.P.C. has been preferred against the judgment dated 12/04/2023 passed by learned 1st Additional Sessions Judge, Sabalgarh, District- Morena (M.P.) in S.T. No.100366/2015, whereby the appellants No.1 and 2 have been convicted under Section 307/149 of IPC (for Sarupibai) 5 years R.I. Rs.1000/- 6 month RI, 323/149 of IPC (for Kanta) 6 months R.I. Rs.500/- 1 month RI 323/149 (for Mishrilal) IPC 6 months R.I. Rs.500/- 1 month RI 147 of IPC 6 months R.I. Rs.500/- 6 months RI.

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

injuries to the injured-Mishrilal and complainant Kanta Bai who had sustained simple injuries. On the basis of aforesaid, crime has been registered against the appellants. Appellants were arrested and after investigation, chargesheet was submitted. Thereafter, trial was conducted and appellants alongwith co-accused persons was convicted for the aforesaid offences.

Learned counsel for the appellants submits that appellants No 1 and 2 namely Kuldeep and Sunil aged 31 and 33 years respectively and they have been Signature Not Verified Signed by: SHIVANI SINGH RAJPUT Signing time: 19-05-2023 11:43:36 AM

falsely implicated in this case.

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. Appellants are the permanent resident of District- Morena (M.P.) and there are fair chances of success of this appeal. The appeal is of the year 2023 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 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 bail 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.9091/2023 is allowed.

It is, therefore, directed that appellants No. 1 and 2- Kuldeep and Sunil shall deposit the entire fine amount, if not already deposited, and furnish 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 4th 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 appellants No.1 and 2 shall be released on bail.

I.A. No.9091/2023 is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

Certified copy as per rules/directions Signature Not Verified Signed by: SHIVANI SINGH RAJPUT Signing time: 19-05-2023 11:43:36 AM

(MILIND RAMESH PHADKE) V. JUDGE

shivani

Signature Not Verified Signed by: SHIVANI SINGH RAJPUT Signing time: 19-05-2023 11:43:36 AM