Unkarlal vs The State Of Madhya Pradesh
2023 Latest Caselaw 16778 MP

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                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT GWALIOR
                                                         CRA No. 4626 of 2023
                                             (UNKARLAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 10-10-2023
                                  Mr. Anshu Gupta - Advocate for the appellants.

                                  Mrs. Abha Mishra - Public Prosecutor for respondent/State.

Heard on I.A. No.18605 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant no.4 - Kanhaiyalal.

This Criminal Appeal assails the judgment dated 17.03.2023 passed by

Additional Sessions Judge, Chachoda, District Guna (M.P.) in ST. No.11/2017, whereby appellant no.1 has been convicted and sentenced under Sections 420/120-B, 467/120-B, 468/120-B and 471/120-B of IPC to undergo rigorous imprisonment of Seven Years with fine of Rs.1,000- each with default stipulations.

Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellants without considering the material and evidence available on record. It is further submitted that present appellant is only a witness and he is not beneficiary of the transaction of money. Independent

seizure witness/(PW/6) of sale deed has not supported the case of prosecution and turned hostile. Further argument is that the appellant no.2, has served about 8.5 months of incarceration out of total jail sentence of seven years. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 10/11/2023 9:59:32 AM

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A.No.18605 of 2023 is hereby allowed. Subject to depositing fine amount, if not already deposited, and on furnishing personal bond by the appellant No. 1-Omkarlal in sum of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant no.1 shall remain suspended and he be released on bail. Appellant is further directed to mark his appearance before the Office of

this Court on 20.12.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 10/11/2023 9:59:32 AM