Rahul Bhargav vs The State Of Madhya Pradesh
2024 Latest Caselaw 3178 MP

Madhya Pradesh High Court

Rahul Bhargav vs The State Of Madhya Pradesh on 2 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                        CRA No. 1353 of 2024
                                        (RAHUL BHARGAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 02-02-2024
                                 Shri Pratip Visoriya, Advocate for the appellants.

                                 Shri Dinesh Savita, Public Prosecutor for the respondent - State.

Heard on I.A.No. 1742 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 under Section 374 of the

Cr.P.C. against the impugned judgment of conviction and sentence dated 30.12.2023 passed by Sessions Judge, Datia (M.P.) in Sessions Trial No. 197/2021 whereby appellants have been convicted and sentenced under Section 341 of IPC to undergo rigorous imprisonment of one month with fine of Rs.500/- & under Section 325/34 of IPC to undergo rigorous imprisonment of one year with fine of Rs.1000/-, with default stipulations.

Learned counsel for the appellants argued that the Court below has wrongly appreciated the evidence and convicted the appellants. There are material contradictions and omissions in the statements of the prosecution

witnesses. It is further argued that the jail sentence of the appellants have already been suspended by the trial Court for a period of one month from the date of judgment. This criminal appeal is likely to take long time to come up for final hearing and appellants have hope and believe that they would succeed, therefore, prayed to suspend the jail sentence of the appellants till record is received.

On the other hand, learned State counsel opposed the application and

prayed for rejection of the same.

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 furnishing a personal bond by each of the appellant 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 two months from today and they be released on bail.

List the case on 04.03.2024.

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

vpn