Madhya Pradesh High Court
Bablu Alias Kishanlal vs The State Of Madhya Pradesh on 15 September, 2023
Author: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 11273 of 2023
(BABLU ALIAS KISHANLAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 15-09-2023
Shri Anshu Gupta - Advocate for the appellants.
Shri G.K. Agarwal - Public Prosecutor for the respondent/State.
Heard on the question of admission.
Being arguable, the appeal is admitted for final hearing.
Also heard on IA No. 16269/2023, first application under Section
389(1) Cr. P.C. moved on behalf of the appellants seeking suspension of
sentence and grant of bail.
Appellants stand convicted under Sections 148 and 324/149 of IPC and
sentenced to undergo one year rigorous imprisonment with fine of Rs. 500/-,
under Section 325/149 of IPC and sentence to undergo two years rigorous
imprisonment with fine of Rs.500/- with default stipulations vide judgment of
conviction and sentence dated 18/08/2023 passed by Sessions Judge, Vidisha
(M.P.) in S.T. No. 08/2020.
Learned Counsel for appellants submits that the learned Trial Court has
committed an error in convicting and sentencing the appellants on the basis of
statements of complainant and his family members. It is further submitted that
independent witnesses have not supported the case of prosecution. There are
material contractions and omissions in the evidence of witnesses. 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 sentences of
appellants were 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
Signature Not Verified
Signed by: MONIKA
SHARMA
Signing time: 15-09-2023
05:17:20 PM
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 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 21/11/2023 and on further
dates as may be directed by the Registry in that regard.
Accordingly, I.A. No. 16269/2023 stands allowed and disposed of.
List in due course.
Certified copy as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
Monika
Signature Not Verified
Signed by: MONIKA
SHARMA
Signing time: 15-09-2023
05:17:20 PM
