Shivdayal Baghel vs The State Of Madhya Pradesh
2024 Latest Caselaw 4071 MP

Madhya Pradesh High Court

Shivdayal Baghel vs The State Of Madhya Pradesh on 12 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 1853 of 2024
                                      (SHIVDAYAL BAGHEL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 12-02-2024
                                 Mr. Neeraj Shrivastava, Advocate for the appellants.

                                 Mr. Purshottam Tanwar, Panel Lawyer for the respondent - State.

Heard on I.A.No. 2566 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 appellant under Section 374 of

Cr.P.C. against the impugned judgment of conviction and sentence dated 10.1.2024 passed by First Additional Sessions Judge, Dabra, District Gwalior (M.P.) in Sessions Trial No. 26/2022 whereby appellants have been convicted and sentenced under Section 323 of IPC to undergo rigorous imprisonment of three months with fine of Rs.500/-, with default stipulation.

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 appellants were on bail during trial and

they did not misuse the liberty so granted. 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 each of the appellants furnishing a personal bond 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 Shivdayal Baghel, Bhoopsingh Baghel and Narendra Baghel shall remain temporarily suspended for a period of two months from today and they be released on bail.

List the case on 18.3.2024 along with Cr.A. No. 2064 of 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