Anar Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 16907 MP

                                                                  1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                         CRA No. 12139 of 2023
                                             (ANAR SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                            Dated : 11-10-2023
                                   Shri Murari Lal Yadav- Advocate for the appellants.

                                   Shri Sushant Tiwari- Public Prosecutor for respondent/State.

Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing. Heard on IA No.17605/2023, first application under Section 389(1) Cr.P.C. moved on behalf of the appellants seeking suspension of sentence and

grant of bail.

Appellant No.1 Anar Singh stands convicted under Section 323 of IPC and Section 3(2)(va) of SC and ST Act and sentenced to undergo three months' RI with fine of Rs.200/-, appellant No.2 Mukendra Singh stands convicted under Section 323(two counts) of IPC with fine of Rs.200-200/- and Section 3(2)(va) (two counts) of SC and ST Act with fine of Rs.200-200/- and appellant No.3 Sher Singh stands convicted under Section 323 of IPC (two counts) with fine of Rs.200-200/- and Section 3(2)(va) of SC and ST Act (two counts) with fine of Rs.200-200/-, with default stipulations vide judgment of

conviction and sentence dated 14.09.2023 passed by Special Judge SC & ST (Atrocities Act), District Gwalior Morena (M.P.) in SC No.204 of 2016.

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. The Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 12-10-2023 01:04:39 PM

appellants 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 were already suspended by learned Trial Court, under Section 389(3) of the Cr.P.C. There is no likelihood of hearing of appeal in n e a r 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, regard being had to the

period of short sentence awarded to the appellants, 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 01/12/2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No.17605/2023 stands allowed and disposed of. List the matter for final hearing in due course. Certified copy as per rules

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 12-10-2023 01:04:39 PM

(SANJEEV S KALGAONKAR) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 12-10-2023 01:04:39 PM