Madhya Pradesh High Court
Pancham Singh Rawat And Rambaran vs The State Of Madhya Pradesh on 9 November, 2023
Author: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 13559 of 2023
(PANCHAM SINGH RAWAT AND RAMBARAN Vs THE STATE OF MADHYA PRADESH)
Dated : 09-11-2023
Shri Mahendra Chaudhary- Advocate for the appellants.
Shri Prabhakar Kushwaha- Panel Lawyer for respondent/State.
Heard on the question of admission.
Being arguable, the appeal is admitted for final hearing.
Heard on IA No.19847/2023, first application under Section 389(1)
Cr.P.C. moved on behalf of the appellants seeking suspension of sentence and
grant of bail.
Appellant No.1 Pancham Singh Rawat and Appellant No.2 Ramvaran
Rawat stand convicted under Section 353 of IPC and sentenced to undergo one
year's RI with fine of Rs.3,000/- with default stipulations vid e judgment of
conviction and sentence dated 11.10.2023 passed by Special Judge, (Electricity
Act) Sabalgarh, District Morena (M.P.) in Special Electricity Case No.02 of
2020.
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
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 09-11-2023
07:22:53 PM
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
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 22.12.2023 and on
further dates as may be directed by the Registry in that regard.
Accordingly, I.A. No.19847/2023 stands allowed and disposed of.
List the matter for final hearing in due course.
Certified copy today.
(SANJEEV S KALGAONKAR)
JUDGE
Avi
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 09-11-2023
07:22:53 PM
