Bunty @ Lakhan Singh Gurjar vs The State Of Madhya Pradesh
2024 Latest Caselaw 21137 MP

Madhya Pradesh High Court

Bunty @ Lakhan Singh Gurjar vs The State Of Madhya Pradesh on 5 August, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                            1                              CRA-8226-2024
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                     CRA No. 8226 of 2024
                         (BUNTY @ LAKHAN SINGH GURJAR AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                         Dated : 05-08-2024
                               Shri Sanjay Singh -- Advocate for the appellants.

                               Shri Aps Tomar - Public Prosecutor for the State.

                               Admit.
                               Heard on I.A.No. 14563 of 2024 , first application under Section
                         389(1) of Cr.P.C. for suspension of sentence and grant of bail to the

                         appellants.
                               This Criminal Appeal under Section 374 of Cr.P.C., 1973 assails the
                         judgment dated 09.07.2024 passed by Special Judge (SC/ST Act) Morena
                         (M.P.) in SC No.103 of 2017 whereby, appellants have been convicted under
                         Section 354 of IPC and sentenced them to undergo One Year RI with fine of
                         Rs.250/-, under Section 3(1)(W)(i) of SC/ST Act and sentenced them to
                         undergo One Year RI with fine of Rs.250/-, under Section 3(2)(5-a) of
                         SC/ST Act and sentenced them to undergo One Year RI with fine of
                         Rs.250/-, under Section 323 of IPC and sentenced them to undergo One Year

                         RI with fine of Rs.250/- with default stipulations.
                               Learned counsel for the appellants submits that the trial Court has
                         wrongly convicted the appellants without appreciating the evidence available
                         on record. There are material omissions and contradictions in the statements
                         of prosecution witnesses. The appellants were on bail during trial and they
                         did not misuse the liberty so granted to them. This appeal is likely to take


Signature Not Verified
Signed by: VIPIN KUMAR
AGRAHARI
Signing time: 8/6/2024
11:25:57 AM
                                                                 2                        CRA-8226-2024
                         long time to conclude. Hence, prayer is made to suspend the jail sentence and
                         grant of bail to the appellant.
                                 Per contra, learned counsel for respondent/State opposed the

application and prayed for its rejection.

Head learned counsel for the rival parties and perused the record. Considering the facts and circumstances of the case, but without expressing any opinion on the merits of the case, I.A.No. 14563 of 2024 is allowed and the sentence of appellant shall remain suspended subject to payment of fine amount as imposed by the trial court and on furnishing personal bond by each of the appellant in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each along with one solvent surety in the like amount to the satisfaction of the trial Court.

The appellants shall appear before the Office of this Court on 27.11.2024 and other dates as may be fixed by this Office in this regard from time to time till final disposal of the instant appeal.

List the case for final hearing in due course. Certified copy as per rules.

(SUNITA YADAV) JUDGE

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