Bhaiyalal vs The State Of Madhya Pradesh
2023 Latest Caselaw 15048 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      CRA No. 10896 of 2023
                                         (BHAIYALAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 12-09-2023
                                Shri Tapendra Sharma, learned counsel for the appellans.

                                Shri Prabhat Pateriya, Public Prosecutor for the respondent/State.

Heard on I.A. No. 15756 of 2023, which is an application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail filed by the appellants.

This Criminal Appeal assails the judgment dated 09.08.2023 passed by

Special Judge SC/ST Act, district Ashoknagar in Session Trial No.100129/2016, whereby appellants have been convicted under Sections 325 read with Section 34 and have been sentenced to undergo rigorous imprisonment of 2 years with fine of Rs.1000/- each with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly been convicted the appellant without proper appreciation of facts of the case as well as evidence available on record. It is further argued that a cross case has also been registered against the complainant party under Sections 326 and 324 of the I.P.C. All the witnesses were interested witnesses. There is material

omissions and contradictions in the evidence of witnesses. The appellants were on bail during trial and never misused the the liberty so granted. It is further argued that son of complainant Laxman was convicted under Section 376 of the I.P.C. for raping the daughter of accused and present case was a counterblast of that case. The appeal is likely to take long time to conclude. Hence, he prayed to suspend the jail sentence and grant of bail to appellant.

Counsel for the State vehemently opposed the application and prayed for Signature Not Verified Signed by: MOHD AHMAD Signing time: 13-Sep-23 10:17:16 AM

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. 15756 of 2023, is hereby allowed subject to depositing of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellants shall remain suspended and they be released on bail. The appellants are further directed to

mark his appearance before the Office of this Court o n 20/12/2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. 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

Ahmad

Signature Not Verified Signed by: MOHD AHMAD Signing time: 13-Sep-23 10:17:16 AM