Madhya Pradesh High Court
Shriniwas vs The State Of Madhya Pradesh on 14 September, 2023
Author: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 11577 of 2023
(SHRINIWAS AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 14-09-2023
Mr. Girija Shankar Sharma, Advocate for the appellants.
Mrs. Abha Mishra, Public Prosecutor for the respondent - State.
Heard on I.A. No. 16724 of 2023, which is first application under
Section 389(1) Cr.P.C. for suspension of sentence and grant of bail filed by the
appellants with an alternative prayer for grant of temporary bail as record has
not been received..
This Criminal Appeal assails the judgment dated 22.8.2023 passed by
Additional Sessions Judge, Vijaypur, District Sheopur (M.P.) in Session Trial
No.22/2020, whereby appellant No. 1 - Shriniwas has been convicted and
sentenced under Section 324 of IPC to undergo rigorous imprisonment of six
months with fine of Rs.200/-, Section 325/34 of IPC to undergo rigorous
imprisonment of two years with fine of Rs.500/- and under Section 323/34 of
IPC to undergo rigorous imprisonment of three months with fine of Rs.200/-,
appellant No. 2 - Mahesh has been convicted and sentenced under Section
325/34 of IPC to undergo rigorous imprisonment of two years with fine of
Rs.500/- and under Section 323/34 of IPC to undergo rigorous imprisonment of
three months with fine of Rs.200/-, appellant No. 3 - Ashok has been convicted
and sentenced under Section 325/34 of IPC to undergo rigorous imprisonment
of two years with fine of Rs.500/- and under Section 323 of IPC to undergo
rigorous imprisonment of three months with fine of Rs.200/-, and appellant No.
4 - Prakash has been convicted and sentenced under Section 325/34 of IPC to
undergo rigorous imprisonment of two years with fine of Rs.500/- and under
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 9/15/2023
10:59:21 AM
Section 323/34 of IPC to undergo rigorous imprisonment of three months with
fine of Rs.200/-, with default stipulations.
Learned counsel for the appellants submits that the trial Court has
wrongly been convicted the appellants without proper appreciation of facts of
the case as well as evidence available on record. The appellants were on bail
during trial and have not misused the liberty so granted. The appeal is likely to
take long time to conclude. Hence, he prayed to suspend the jail sentence and
grant of bail to appellants.
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. 16724 of 2023 is hereby
allowed, subject to depositing of fine amount, if not already deposited, and on
furnishing a personal bond 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 appellant shall remain
temporarily suspended and he be released on bail till 19.10.2023.
List the case on 19.10.2023.
Meanwhile, Registry is directed to call the record of the Court below.
A copy of this order be sent to the concerned Court below for
compliance.
Certified copy/ e-copy as per rules/directions.
(SUNITA YADAV)
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 9/15/2023
10:59:21 AM
JUDGE
AKS
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 9/15/2023
10:59:21 AM
