Madhya Pradesh High Court
Govind Singh vs The State Of Madhya Pradesh on 27 October, 2023
Author: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9241 of 2023
(GOVIND SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 27-10-2023
Shri D.S. Baghel - Advocate for appellants.
Shri Shailendra Mishra - Panel Lawyer for respondent/State.
Heard on the question of admission.
Appeal is admitted for final hearing.
Also heard o n I.A. No.19224/20233, this is the first application for
suspension of sentence and grant of bail filed under Section 389 of Cr.P.C. on
behalf of appellants -Govind Singh and Gulab Singh.
T h e appellants have been convicted vide judgment dated 07/07/2023
passed by Third Additional Sessions Judge, Damoh in S.T. No. 24/2019 and
appellant No.1 has been found guilty for commission of offence punishable
under Sections 294, 323, 324 and 326/34 of IPC and Section 25(1-Kha) of
Arms Act and sentenced to undergo SI for 6 months and 2 year and RI for 2
year, 4 years and 2 years and directed to pay fine amount of Rs.500/-, Rs.500/-
, Rs.500/-, Rs.1,000/- and Rs.1,000/- respectively for each offence;appellant
No.2 has been found guilty for commission of offence punishable under
Sections 294, 323, 324 and 326/34 of IPC and sentenced to undergo SI for 6
months and 2 year and RI for 4 years and directed to pay fine amount of
Rs.500/-, Rs.500/-, Rs.500/- and Rs.1,000/- respectively for each offence with
usual default stipulations.
Learned counsel for the appellants submits that the trial Court has not
properly appreciated the evidence in its proper perspective and committed
grave error in convicting the appellants for aforesaid offence. Learned counsel
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 10/28/2023
11:12:26 AM
for appellants submits that it is a case of free fight and on the basis of complaint
lodged by appellants cross case has been registered against the complainant
party and they have also sustained injuries in the alleged offence. There are fair
chances of success of this appeal and final hearing of same will take
considerable time, therefore, if remaining custodial sentence has not been
suspended, then the appeal filed by appellants may turn infructuous. Under
these circumstances, learned counsel for appellants prays for suspension of jail
sentence and release of the appellants on bail till the final disposal of the appeal.
O n the other hand, learned Panel Lawyer has opposed the contention
rais ed by learned counsel for appellant and prays for rejection of said
application.
Looking to the facts and circumstances of the case, contention of learned
counsel for the appellants coupled with the fact in the alleged incident both
parties are involved and on the basis of complaint lodged by appellants cross
case has been registered against the complainant party and according to listing
policy the hearing of this appeal will take time, the application is allowed and it
is directed that the execution of the remaining jail sentence passed against
appellants -Govind Singh and Gulab Singh. shall remain suspended during
the pendency of this appeal and they be released on bail subject to depositing
entire fine amount, if already not deposited and upon their furnishing personal
bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only)each with one
separate surety in like amount to the satisfaction of the trial Court for their
appearance before the trial Court on 22/12/2023 and on such further dates as
may be fixed by trial Court it in this regard during the pendency of this appeal.
List the appeal for final hearing in due course.
Signature Not Verified
Certified copy as per rules.
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 10/28/2023
11:12:26 AM
(ROOPESH CHANDRA VARSHNEY)
JUDGE
skt
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 10/28/2023
11:12:26 AM
