Madhya Pradesh High Court
Sukhwinder vs State Of M.P. on 2 September, 2023
Author: Anuradha Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6829 of 2023
(SUKHWINDER AND OTHERS Vs STATE OF M.P.)
Dated : 02-09-2023
Shri Manish Datt, Senior Advocate with Shri R.S. Mehndiratta -
Advocate for the applicant.
Shri Ramgirish Verma - Panel Lawyer for the respondents/State.
Heard on I.A.No.11809/2023, which is first application filed on behalf
of the appellants for suspension of sentence and grant of bail.
T he appellants have been convicted by the trial Court under Section
307/34 of IPC and sentenced to undergo R.I. for 05 years with fine of
Rs.5000/-, with default stipulation and also Section 323/23 of IPC sentenced to
undergo R.I. for one month with fine of Rs.1000/-, with default stipulation.
Learned counsel for the appellants has submitted that the trial Court has
not properly appreciated the oral and documentary evidence available on record
and committed error in convicting the appellants for the aforesaid offences. He
further submits that appellants are innocent and have falsely been implicated in
this case. It is further submitted that there are material contradictions,
omissions and embellishments in the testimony of the prosecution witnesses. He
also submits that appellants were on bail during trial but he did not misuse the
liberty granted to him. Appellants are in custody and final disposal of this
appeal will take considerable time to conclude, therefore, the custodial sentence
of the appellants may be suspended and they may be released on bail.
O n the other hand learned counsel for the State has opposed the
contentions raised by the counsel for the appellants and prayed for its rejection.
Heard learned counsel for the parties and perused the record and
Signature Not Verified
Signed by: PRIYANKA
PITHAWE
Signing time: 04-09-2023
15:19:16
judgment of the Court below.
Looking to the over all facts and circumstances of the case and the
evidence available on record as well as the grounds raised about infirmities in its
appreciation, I find it to be a fit case to suspend the jail sentence of the
appellants and to release them on bail, therefore, without commenting on the
merit of the case, this application is allowed.
I t is directed that subject to depositing the fine amount, if not already
deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees
Fifty Thousand only) each wit h one surety in the like amount to the
satisfaction of the trial Court concerned, the custodial sentence of appellants
shall remain suspended and they shall be released on bail for securing their
presence before the trial Court concerned on 21.11.2023 and on such other
dates as may be fixed in this regard during pendency of this appeal.
List for final hearing in due course.
(ANURADHA SHUKLA)
JUDGE
Priya.P
Signature Not Verified
Signed by: PRIYANKA
PITHAWE
Signing time: 04-09-2023
15:19:16
