Takhatsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 17630 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                         CRA No. 12936 of 2023
                                         (TAKHATSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 20-10-2023
                                 Shri S.S. Rajput- Advocate for the appellant.

                                 Shri Dinesh Savita - Panel Lawyer for the respondent/State.

Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing. Also heard on IA No. 18854/2023, 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 Takahsingh stands convicted under Sections 326/34, 324/34, 324/34, 323/34, 323/34, 341, 341 of IPC and sentenced to undergo three years' RI, six months' RI, six months' RI, three months' RI, three months' RI, with fine of Rs.1500/-, Rs.750/-, Rs.750/-, Rs.500/-, Rs.500/-, Rs.300/-, Rs.300/- and appellant No.2 Jagmohan Meena stands convicted under Sections 326, 324/34, 324/34, 323/34, 323/34, 341, 341 of IPC and sentenced to undergo three years' RI, six months' RI, six months' RI, three months' RI, three months' RI, with fine of Rs.1500/-, Rs.750/-, Rs.750/-, Rs.500/-, Rs.500/-, Rs.300/-,

Rs.300/- respectively with default stipulations vide judgment of conviction and sentence dated 25.09.2023 passed by Additional Sessions Judge, District Guna in Special ST No. 54/2019.

Learned Counsel for appellants submits that 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 appellants were on bail during Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 20-10-2023 06:20:09 PM

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 was suspended by learned trial Court, under Section 389(3) of the Cr.P.C. There is n o likelihood of hearing of appeal in near 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 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 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.18854/2023 stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Avi

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 20-10-2023 06:20:09 PM