Basant vs The State Of Madhya Pradesh
2023 Latest Caselaw 15971 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 11660 of 2023 (BASANT AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 26-09-2023 Shri Ram Kishor Sharma - Advocate for the Petitioner .

Dheeraj Kumar Budholiya - Public Prosecutor for State. Heard on I.A. No.16823 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.

This Criminal Appeal assails the judgment dated 02.09.2023 passed by

Sessions Judge, Bhind, M.P. in Special Session Trial No. SC 122/2022, whereby appellants have been convicted under Sections 341 of IPC and sentenced to undergo R.I. of 1 month with fine of Rs.500/-,, 323 of IPC and sentenced to undergo R.I. for three months with fine of Rs.500/- , 324/34 of IPC and sentenced to undergo one year with fine of Rs.1000/- and Section 325/34 IPC and sentenced to undergo three years of R.I. with fine of Rs.5000/- , with default stipulations.

Learned counsel for the appellant 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. He has further submitted that there is material omissions and contradictions in the statements of prosecution witnesses. It is further submitted that a cross case has already been registered upon the report of accused persons against complainant. Appellants were on bail during trial and never 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 appellant.

Signature Not Verified Signed by: MOHD AHMAD Signing time: 27-Sep-23 12:44:50 PM

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. 16823 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 Thousands only) with a solvent surety of the like amount each 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 their appearance before the Office of this Court on 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

Rohit

Signature Not Verified Signed by: MOHD AHMAD Signing time: 27-Sep-23 12:44:50 PM