Unkarlal vs The State Of Madhya Pradesh
2023 Latest Caselaw 17931 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 : 27-10-2023
                                  Mr. Anshu Gupta, Advocate for the appellants.

                                  Mr. Dheeraj Kumar Budholiya, Panel Lawyer for the respondent - State.

Admit.

Heard on I.A. No. 19809 of 2023, which is an application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant No. 3 - Phoolchand.

This Criminal Appeal assails the judgment dated 17.3.2023 passed by Additional Sessions Judge, Chachoda, District Guna (M.P.) in ST No. 11/2017, whereby appellant No. 3 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.1000/- in each offence, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the evidence available on record. There are material contradictions and omissions in the statement of the

prosecution witnesses. PW-1 Gopal has not stated that he saw the photo of present appellant on the registry (sale deed). Land is still in possession and use of its owner. It is further argued that appellant has already served almost 10 months of incarceration out of total jail sentence. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to the appellant No. 3 - Phoolchand.

Counsel for the State vehemently opposed the application and prayed for Signature Not Verified Signed by: ALOK KUMAR Signing time: 10/27/2023 04:24:16 AM

its rejection.

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. 19809 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh 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. 3 - Phoolchand shall remain suspended and he be released on bail. He 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

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 10/27/2023 04:24:16 AM