Madhya Pradesh High Court
Ramswaroop Banjara vs The State Of Madhya Pradesh on 8 November, 2023
Author: Rajendra Kumar-Iv
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 14225 of 2023
(RAMSWAROOP BANJARA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 08-11-2023
Ms. Simran Kothari - Advocate for accused/appellants.
Shri Nitin Goyal - Panel Lawyer for respondent/State.
Order on appeal.
Heard the learned counsel for the accused/appellants and learned counsel
for the State.
This Criminal Appeal under Section 374 of CrPC is directed against the
order and judgment of conviction and sentence dated 01.11.2023 passed by
Sessions Judge, Guna in Sessions Trial No.230/2022.
The matter requires thorough consideration.
The appeal is admitted for hearing.
Lower Court Record be summoned within four weeks.
Non-submission of Lower Court Record shall stand violation of order of
this Court.
This appeal is directed to be listed in the month of February, 2024 for
final hearing.
Order on I.A. No. 20903/2023.
The application filed by the appellants under Section 389(1) of Cr.P.C.
for grant of bail to the appellants, arising out of judgment dated 01.11.2023
delivered in S.T.No.230/2022 passed by the Sessions Judge, Guna in
connection with Crime No.352/2022 registered at Police Station Aron, District
Guna.
The accused/appellant No.1 has been convicted under Section 326 of
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 09-Nov-23
7:58:48 PM
IPC and sentenced to suffer R.I. for 2 years with fine of Rs.1,000/- and under
Section 323/34 of IPC and sentenced to suffer RI for 6 months with fine of
Rs.500/-, with default stipulations. Accused/appellant No.2 has been
convicted under Section 323 of IPC and sentenced to suffer R.I. for 6 months
with fine of Rs.500/- and under Section 326/34 of IPC and sentenced to suffer
RI for 2 years with fine of Rs.1000/-, with default stipulations.
Accused/appellant No.3 and 4 have been convicted under Section 326/34 of
IPC and sentenced to suffer R.I. for 2 years with fine of Rs.1,000/- and under
Section 323/34 of IPC and sentenced to sufer RI for 6 months with fine of
Rs.500/-, with default stipulations.
Main submissions of learned counsel for the accused/appellants are that
during the pendency of trial, appellants were on bail and they had not misused
their liberty. Trial Court has already temporarily granted bail for a period of 30
days. Disposal of appeal will take time and if they are released on bail, they will
not misuse the liberty. They have been convicted and sentenced with maximum
punishment of two years. Thus, it is prayed that jail sentence of the appellants
may be suspended.
Per contra, learned counsel for the State opposed the application for
suspension of sentence and grant of bail.
Considering the facts and circumstances of the case and submissions
made by the counsel for the parties, without commenting any opinion on the
merits of the case, the application is allowed. It is directed that
accused/appellants shall be released on bail on their furnishing a personal bond
of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties each of the
like amount to the satisfaction of the Trial Court concerned/Remand Magistrate
with filing an undertaking that they will not misuse the liberty and will not indulge
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 09-Nov-23
7:58:48 PM
in any criminal case during the pendency of appeal. Fine amount imposed by
the Trial Court shall be deposited before their release if it is not already
deposited.
Accordingly, I.A. No.20903/2023 stands disposed of.
Certified copy as per rules.
(RAJENDRA KUMAR-IV)
JUDGE
(alok)
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 09-Nov-23
7:58:48 PM
