Hukum Singh Meena vs The State Of Madhya Pradesh
2023 Latest Caselaw 18955 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 13889 of 2023 (HUKUM SINGH MEENA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 08-11-2023 Shri Satyendra Singh Rajput, learned counsel for the appellants.

Shri Rajendra Singh Yadav -P.P.- appearing on behalf of Advocate General.

Admit.

Heard on I.A. No. 20345 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by

appellants namely Hukum Singh, Devendra Meena & Bharat Singh Meena.

This Criminal Appeal assails the judgment dated 12.10.2023 passed by 4th Additional Sessions Judge, Dist. Guna (M.P.) in S.T No.64/2020 whereby, appellants have been convicted and sentenced under Section 365, 344 of IPC to undergo maximum rigorous imprisonment of Three years each with maximum fine of Rs. 1,000/- each, with default stipulation.

Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellants without appreciating the evidence available on record. There are material contradictions and omissions in the statement of the

prosecution witnesses. The prosecution has examined only interested witnesses, but no independent witness has been examined. It is further argued that even father of the prosecutrix has not supported the case of the prosecution. The learned trial court has acquitted the appellants from the offence punishable under section 376 of IPC. The appellants were on bail during trial and have not misused the liberty so granted. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 09-11-2023 10:57:24 AM

to the appellants.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 20345 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of the concerned trial

Court, the remaining jail sentence of the appellants shall remain suspended and they be released on bail. They are further directed to mark their appearance before the Office of this Court on 19.12.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

Durgekar

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 09-11-2023 10:57:24 AM