Dhanpal vs The State Of Madhya Pradesh
2023 Latest Caselaw 14499 MP

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                IN THE HIGH COURT OF MADHYA PRADESH
                             AT GWALIOR
                             CRA No. 10627 of 2023
                  (DHANPAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 04-09-2023
       Shri Ravi Dwivedi - Advocate for the appellant.

       Shri Dheeraj Bhudholiya- Panel Lawyer for respondent/State.

Record of the Court below be called.

Heard on I.A. No.15450 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellants no.1 to 8 with an alternative prayer for grant of temporary bail as

record has not been received.

This Criminal Appeal assails the judgment dated 12.08.2023 passed by Fourth Additional Sessions Judge, District Shivpuri (M.P.) in Sessions Case No.139/2018 whereby, appellants no.1 to 8 have been convicted and sentenced under Section 148 of IPC to undergo rigorous imprisonment of one-one year with fine of Rs.500/, under Section 323/149 of IPC (five counts) to undergo rigorous imprisonment of six-six months and fine of Rs.500/- with default stipulations.

Learned counsel for the appellants no.1 to 8 submits that the trial Court

has wrongly convicted the appellants no.1 to 8 without considering the material and evidence available on record. It is further argued that a cross-case has also been registered against the complainant party for murder of accused party. There are material contradictions and omissions in the statement of the prosecution witnesses. It is further argued that the trial Court has already suspended the jail sentence of the appellants no.1 to 8 for a period of one month i.e. 11.09.2023. This appeal is likely to take long time to conclude.

Hence, prayer is made to temporarily suspend the jail sentence and grant of temporary bail to the appellants no.1 to 8.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No.15450 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and furnishing personal bond by each of the appellant of Rs.25,000/- (Rupees

Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellants no.1 to 8 shall remain temporarily suspended and they be released on bail until the record of trial Court is received.

List the case on 18.10.2023.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

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VIPIN Digitally signed by VIPIN KUMAR AGRAHARI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,

KUMAR 2.5.4.20=d006bb3eabe783b3bf48b69363931df 2435ef7e2d1218660438085abe6d619cd, postalCode=474001, st=Madhya Pradesh, serialNumber=64BF959B6FFDEEF8E12C621667

AGRAHARI 40B3C771FFBCB05102395B93DC7FB337059A9 4, cn=VIPIN KUMAR AGRAHARI Date: 2023.09.05 14:24:18 +05'30'