Lallu @ Rahul vs The State Of Madhya Pradesh
2023 Latest Caselaw 14941 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                           CRA No. 10606 of 2023
             (LALLU @ RAHUL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 11-09-2023
      Shri Vibhor Kumar Sahu - Advocate for the appellants.

      Shri V.P.S.Tomar - 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.15428/2023, first application under Section 389 (1) Cr.P.C. moved on behalf of the appellants seeking suspension of sentence

and grant of bail.

Appellant No.1 Lallu alias Rahul stands convicted under Section 452 of IPC and sentenced t o undergo 1 years' rigorous imprisonment with fine of Rs.500/-, under Section 393 of IPC convicted and sentenced to undergo three years' rigorous imprisonment with fine of Rs.1000/- with default stipulations, under Section 25 (1B) (A) of Arms Act convicted and sentenced to undergo one year's rigorous imprisonment with fine of Rs.500/- with default stipulation and under Section 27 (1) of the Arms Act convicted and sentenced to undergo three years' rigorous imprisonment with fine of Rs.1000/- and appellant No.2

Deepak stands convicted under Section 452/34 of IPC and sentenced to undergo 1 year's rigorous imprisonment with fine of Rs.500/- with default stipulation and convicted under Section 393/34 of IPC and sentenced to undergo 3 years rigorous imprisonment with fine of Rs.1000/- with default stipulation vide judgment of conviction and sentence dated 11.08.2023 passed by First Additional District Judge, District Ashoknagar (M.P.) in Sessions Trial No.138/2016.

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 no likelihood of hearing of appeal in near 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 20/11/2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No.15428/2023 stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE AK/-

ANAND KUMAR 2023.09.12 10:16:23 +05'30'