Madhya Pradesh High Court
Golu@Akash Kamriya vs The State Of Madhya Pradesh on 9 October, 2023
Author: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 12541 of 2023
(GOLU@AKASH KAMRIYA Vs THE STATE OF MADHYA PRADESH)
Dated : 09-10-2023
Shri Deepak Shrivastava, Advocate for the appellant.
Shri Narottam Sharma, Panel Lawyer for respondent/State.
Heard on the question of admission.
Being arguable, the appeal is admitted for final hearing.
Heard on IA No. 18272/2023, 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 325/34 of IPC and sentenced
to undergo RI for three years with fine of Rs.1000/- with default stipulations
vid e judgment of conviction and sentence dated 23.09.2023 passed by Ist
Additional Sessions Judge, Datia District Datia in S.T. No.26 of 2022.
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 them. 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
o f remaining jail sentence of appellant may be suspended and he may be
Signature Not Verified
Signed by: RAM KUMAR
SHARMA
Signing time: 10/10/2023
11:11:28 AM
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 01.12.2023 and on further dates as may be
directed by the Registry in that regard.
Accordingly, I.A. No.18272/2023 stands allowed and disposed of.
List the matter for final hearing in due course.
Certified copy as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
Rks
Signature Not Verified
Signed by: RAM KUMAR
SHARMA
Signing time: 10/10/2023
11:11:28 AM
