Satyanarayan vs The State Of Madhya Pradesh
2023 Latest Caselaw 17960 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                         CRA No. 13075 of 2023
                                        (SATYANARAYAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 27-10-2023
                                 Dr. Jitendra Singh Kushwah - learned counsel for the appellants.

                                 Shri V.P.S. Tomar - learned 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. 19124/2023, 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 148 of IPC and sentenced to suffer six-six months RI with fine of Rs.500/-, under Section 324/149 of the IPC sentenced to suffer six-six months RI with fine of Rs.500/- and under Section 326/149 of IPC sentenced to suffer two-two years RI with fine of Rs.1000/- with default stipulations vide judgment of conviction and sentence dated 27/09/2023 passed by Fourth Additional Sessions Judge, Bhind (M.P.) in Sessions Trial No. 138/2018.

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 sentences of appellants were suspended by learned trial Court, under Section 389(3) of the Cr.P.C. There is no likelihood of hearing of appeal in near future. On these grounds, learned Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 28-10-2023 10:52:41 PM

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 State opposes the application and prays 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 18-12- 2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, IA No. 19124/2023 stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 28-10-2023 10:52:41 PM