Ashok vs The State Of Madhya Pradesh
2023 Latest Caselaw 16204 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 7064 of 2023 (ASHOK AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 03-10-2023 Shri Vikas Rathi, learned counsel for the appellant no.1 and 2.

Shri Hemant Sharma, learned G.A. for the State. Shri Ritu Raj Bhatnagar, learned counsel for the Complainant.

Heard on the question of admission.

2. The appeal is admitted for final hearing.

3. Also, heard on I.A. No.9250/2023 which is an application filed under section 301(2) of the Cr.P.C.

4. For the reasons stated in the application, I.A. No.9250/2023 is allowed and complainant is permitted to assist the Public Prosecutor.

5. Also, I.A. No.7943/2023, which is first application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf of appellants-Ashok Patidar and Sureshchandra Patidar.

6. The trial Court has convicted the appellants vide judgment of conviction and order of sentence dated 27.05.2023 in S.T. No.11/2019 passed

by the IInd Additional Sessions Judge, District-Ratlam as under:-

                                       Conviction                                      Sentence

                             Session & Act        Imprisonment          Fine           Imprisonment in lieu of fine

                            420/34 of the IPC      5-5 years RI   Rs.5 lac- Rs.5 Lac          6-6 months RI

7. Learned counsel for the appellant submits that appellants have not committed the offence and they have falsely been implicated in the case. He furtther submitted that appellants had already deposited the fine amount before Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 03-10-2023 18:04:15

the trial Court. There are material contradictions and ommissions in the statement of the prosecution witnesses. Mandatory provisions of M.P. Krishi Upaj Mandi has not been complied by the prosecution. The appellants were on bail during the trial and they are in custody from the date of impugned judgement i.e. 27.05.2023. Final hearing of this appeal is not possible in near future. Under these circumstances, counsel for the appellants prayed for suspension of jail sentence and grant of bail to the appellants.

8. Learned Govt. Advocate as well as counsel for the complainant have opposed the prayer made by the appellants and prays for its rejection.

9 . I have heard learned counsel for both the parties and perused the

record.

10. Looking to the facts and circumstances of the case coupled with the fact that the final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, the application I.A. No.7943/2023 is allowed and the jail sentence of the appellants shall remain suspended.

11. It is directed that subject to depositing the fine amount, if already not deposited, appellants- Ashok Patidar & Sureshchandra Patidar shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each along with solvent surety in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 22.11.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

12. I.A. No.7944/2023 for urgent hearing also stands closed.

13. List in due course.

C.C. as per rules.

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 03-10-2023 18:04:15

(PRAKASH CHANDRA GUPTA) JUDGE

ajit

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 03-10-2023 18:04:15