Govinda @ Govind Singh @ Hargovind Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 19486 MP

Madhya Pradesh High Court

Govinda @ Govind Singh @ Hargovind Singh vs The State Of Madhya Pradesh on 22 November, 2023

Author: Sanjeev S Kalgaonkar

Bench: Sanjeev S Kalgaonkar

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      CRA No. 14079 of 2023
                               (GOVINDA @ GOVIND SINGH @ HARGOVIND SINGH AND OTHERS Vs THE STATE OF MADHYA
                                                                PRADESH)

                           Dated : 22-11-2023
                                  Shri Deepak Shrivastava- Advocate for the appellants.

                                  Shri R.K. Awasthi- Panel Lawyer for respondent/State.

Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing. Heard on IA No.20710/2023, 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 Sections 467 and 468 of IPC and sentenced to undergo three years' RI and two years' RI with fine of Rs.500/- and Rs.500/- respectively with default stipulations vide judgment of conviction and sentence dated 11.10.2023 passed by First Additional Sessions Judge, District Ashoknagar (M.P.) in ST No.15 of 2014.

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. Appellants have already undergone the jail custody of six months 21 days. They 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 near 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.20710/2023 stands allowed and disposed of. List the matter for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Avi