Ramdatt vs The State Of Madhya Pradesh
2023 Latest Caselaw 17957 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                          CRA No. 12885 of 2023
                                               (RAMDATT AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                            Dated : 27-10-2023
                                   Shri Dharmendra Rishiswar- Advocate for the appellants.

                                   Shri Purshottam Tanwar- Public Prosecutor for respondent/State.r

Dr. Jitendra Singh Kushwah, learned counsel for the respondent/complainant.

Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing.

Heard on I.A.No.19220/2023, an application under Section 301(2) of CrPC for assisting the Public Prosecutor is taken up, considered and allowed for the reasons mentioned therein.

Dr. Jitendra Singh Kushwah- Advocate and his associates are permitted to assist the prosecution on behalf of the complainant.

Also heard on IA No.18804/2023, first application under Section 389(1) Cr.P.C. moved on behalf of the appellants seeking suspension of sentence and grant of bail.

Appellants stand convicted under Section 323 read with Section 149 of

IPC and Section 147 of IPC and sentenced to undergo three months' RI with fine of Rs.500/- and three months' RI with fine of Rs.500/- respectively, with default stipulations vide judgment of conviction and sentence dated 27.09.2023 passed by Fourth Additional Sessions Judge, District Bhind (M.P.) in S.T. No.78 of 2019.

Learned Counsel for appellants submits that the impugned judgment passed by learned Trial Court is based on assumption, conjecture and surmises. Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 28-10-2023 11:44:31 AM

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 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 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.18804/2023 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: 28-10-2023 11:44:31 AM

(SANJEEV S KALGAONKAR) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 28-10-2023 11:44:31 AM