Khussilal Kewat vs The State Of Madhya Pradesh
2023 Latest Caselaw 18513 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 12890 of 2023
                                        (KHUSSILAL KEWAT AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 03-11-2023
                                  Shri Rajendra Singh Yadav- Advocate for the appellants.

                                  Ms. Kalpana Parmar- Panel Lawyer for respondent/State.

Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing. Heard on IA No.18809/2023, first application under Section 389(1) Cr.P.C. moved on behalf of the appellants seeking suspension of sentence and

grant of bail.

Appellants stand convicted under Section 435/34 of IPC and sentenced to undergo two years' RI with fine of Rs.2,000/- with default stipulations vide judgment of conviction and sentence dated 20.09.2023 passed by Fourth Additional Sessions Judge, District Guna (M.P.) in ST No.339 of 2021.

Learned Counsel for appellants submits that the impugned judgment passed by learned Trial Court is based on assumption, conjecture and surmises. The learned Trial Court has committed an error in convicting and sentencing the present appellants without appreciating the prosecution evidence properly.

There are material contractions and omissions in the evidence of witnesses. The appellants were on bail during trial and they did not misuse the liberty so granted to them. Fine amount has already been deposited by the appellants. The jail sentence of appellants was already suspended by learned Trial Court, under Section 389(3) of the Cr.P.C. There is no likelihood of hearing of appeal in n e a r future. On these grounds, learned Counsel prays that execution of remaining jail sentence of appellants may be suspended and they may be Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 04-11-2023 02:34:01 PM

enlarged on bail.

Per contra, learned Counsel for respondent State opposed the application and prayed for its rejection.

Upon hearing learned Counsel for the parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly directed that execution of remaining jail sentence of appellants shall remain suspended during pendency of this appeal and they shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of Trial Court

and also subject to deposit of the fine amount (if not already deposited) for their appearance before the Registry of this Court on 20.12.2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No.18809/2023 stands allowed and disposed of. List the matter for final hearing in due course. Certified copy as per rules

(SANJEEV S KALGAONKAR) JUDGE

Avi

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 04-11-2023 02:34:01 PM