Madhya Pradesh High Court
Anshu (Kusuma) vs The State Of Madhya Pradesh on 20 November, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 4746 of 2022
(ANSHU (KUSUMA) AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 20-11-2023
Shri K.S. Wadhwa - Advocate for the applicants.
Shri Manoj Kushwaha - Panel Lawyer for respondent/ State.
Heard on I.A.No.23596 of 2022, an application under Section 397(3) of
the Cr.P.C. for suspension of sentence and grant of bail pending the revision.
Applicants along with accused Shersingh were convicted for commission
of offence under Sections 420 read with Section 120-B, 467, 468, 471 and 409
of IPC by Judicial Magistrate First Class, Punasa, Khandwa in Criminal Case
No.626/2016 [State of M.P. Vs. Suresh Ghodke (deceased) and others].
Applicants along with accused Shersingh had filed appeals challenging the
judgment of conviction and order of sentence passed by learned JMFC.
Learned IIn d Additional Sessions Judge, Khandwa by appeal judgment dated
06.12.2022 passed in Criminal Appeal No.228/2017 and Criminal Appeal
No.229/2017 partly dismissed the appeals & partly allowed the appeals as
applicants/accused were acquitted of offence under Section 420 and 477A of
IPC but their conviction and sentence under Section 409/120B, 467, 468 and
471 of IPC as awarded by the trial Court was affirmed.
Learned counsel for the applicants has contended that applicants are in
jail for almost last one year. They were not directly involved in commission of
offence. Learned Courts below have not properly appreciated the documentary
and oral evidence on record. It is submitted that prosecution has not proved its
case beyond all reasonable doubt. It is further submitted that applicants have
Signature Not Verified
Signed by: ASHISH KUMAR
JAIN
Signing time: 11/21/2023
11:46:20 AM
challenged the legality, correctness and propriety of the findings recorded in the
judgment passed by the Courts below. Applicants have fair chances to
succeed in revision. It is also submitted that jail sentence of co-accused
Shersingh has already been suspended vide order dated 11.04.2023 passed in
Criminal Appeal No.4747 of 2022. Therefore, it is prayed that applicants who
have no criminal background may be released on bail.
On the other hand, learned counsel for the State has opposed grant of
bail.
I have gone through the impugned judgment passed by the Courts below
and material on record.
It is undisputed that applicants are in jail since 06.12.2022. They have no
criminal background. Therefore, without expressing any opinion on merits of
the matter but having taken into consideration the material available on record
including the findings recorded by the Courts below and the fact that there is
bleak possibility of final hearing of this revision in near future, I am of the view
that a case for suspension of jail sentence & grant of bail to applicants is made
out. Therefore, I.A.No.23596 of 2022 is allowed.
It is directed that only the jail sentence of the applicants as awarded by
the Courts below is suspended till further order upon their furnishing a personal
bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with one
solvent surety in the like amount to the satisfaction of trial Court, for their
appearance before the JMFC Punasa District Khandwa on 22.01.2024 and on
all such further dates as may be fixed by that court during the pendency of this
revision.
List this case for final hearing in due course.
Certified copy as per rules.
Signature Not Verified
Signed by: ASHISH KUMAR
JAIN
Signing time: 11/21/2023
11:46:20 AM
(DINESH KUMAR PALIWAL)
JUDGE
@shish
Signature Not Verified
Signed by: ASHISH KUMAR
JAIN
Signing time: 11/21/2023
11:46:20 AM
