Mangilal vs The State Of Madhya Pradesh
2023 Latest Caselaw 17958 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                          CRA No. 12887 of 2023
                                           (MANGILAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                            Dated : 27-10-2023
                                  Shri Dinesh Singh Tomar - Advocate for the appellants.

                                  Shri Purshottam Tanwar - Panel Lawyer for the State.
                                  Heard on the question of admission.
                                  Being arguable, the appeal is admitted for final hearing.
                                  Also heard on IA No. 18807/2023, 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 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/-
                            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
                            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
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 28-10-2023
11:44:31 AM
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                            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.18807/2023 stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Vijay

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