Madhya Pradesh High Court
Sunil 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. 13698 of 2023
(SUNIL Vs THE STATE OF MADHYA PRADESH)
Dated : 22-11-2023
Shri Ajit Singh- Advocate for the appellant.
Shri Prushottam Tanwar- Panel Lawyer for respondent/State.
Heard on the question of admission.
Being arguable, the appeal is admitted for final hearing.
Heard on IA No.20050/2023, first application under Section 389(1)
Cr.P.C. moved on behalf of the appellant seeking suspension of sentence and
grant of bail.
Appellant stands convicted under Sections 452 and 323/34 (two counts)
of IPC and sentenced to undergo one year's RI and four months' RI with fine
of Rs.2000/- respectively with default stipulations vide judgment of conviction
and sentence dated 27.09.2023 passed by First Additional Sessions Judge to
the Court of First Additional Judge, Bhind, (M.P.) in ST No.67 of 2019.
Learned Counsel for appellant 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 appellant without appreciating the prosecution evidence properly. There
are material contractions and omissions in the evidence of witnesses. The
appellant was on bail during trial and he did not misuse the liberty so granted to
him. Fine amount has already been deposited by the appellant. The jail sentence
of appellant 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 appellant may be suspended and he 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 appellant shall remain suspended during pendency of
this appeal and he shall be enlarged on bail subject to furnishing personal bond
in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent
surety in the like amount to the satisfaction of Trial Court and also subject to
deposit of the fine amount (if not already deposited) for his 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.20050/2023 stands allowed and disposed of.
List the matter for final hearing in due course.
Certified copy as per rules
(SANJEEV S KALGAONKAR)
JUDGE
Avi
