Surendra Singh Gurjar vs The State Of Madhya Pradesh
2024 Latest Caselaw 21131 MP

Madhya Pradesh High Court

Surendra Singh Gurjar vs The State Of Madhya Pradesh on 5 August, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                            1                              CRA-8979-2024
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                    CRA No. 8979 of 2024
                                 (SURENDRA SINGH GURJAR AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                         Dated : 05-08-2024
                               Mr. Om Prakash Singhal - Advocate for the appellants.

                               Mr. Dinesh Savita - Public Prosecutor for the respondent / State.

Heard on I.A.No.15947 of 2024, first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellants with an alternative prayer for grant of temporary bail as record has not been

received.

The appeal has been preferred by the appellants against the impugned judgment of conviction and sentence dated 19.7.2024 passed by Second Additional Sessions Judge, Vidisha (M.P.) in Sessions Trial No. 42/2020, whereby, appellants have been convicted and sentenced under Section 325/34 of IPC to undergo rigorous imprisonment of three years with fine of Rs.10,000/- with default stipulations.

Learned counsel for the appellants submitted that learned trial Court has wrongly convicted the appellants without appreciating the evidence

properly available on record. Cross-case has also been registered in which complainant party has been convicted. Further submission is that there are material omissions and contradictions in the statement of the prosecution witnesses. Appellants were on bail during trial and did not misuse the liberty so granted. Therefore, prayer is made for grant of temporary suspension of sentence and grant of bail for a limited period.

2 CRA-8979-2024 On the other hand, learned 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, it is directed that subject to depositing of fine amount, if not already deposited, and on each of the appellants furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellants shall remain temporarily suspended for a period of three months

from today and they be released on bail.

List the case on 09.9.2024.

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) JUDGE

AKS