Madhya Pradesh High Court
Raju @ Umashankar 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. 1480 of 2024
(RAJU @ UMASHANKAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 12-02-2024
Mr. Pratip Visoriya, Advocate for the appellant.
Mr. Rohit Shrivastava, Panel Lawyer for the respondent - State.
The appeal being arguable is admitted for final hearing.
Heard on I.A.No. 1936 of 2024, first application under Section 389(1)
of Cr.P.C. for suspension of sentence and grant of bail to the appellants.
The appeal has been preferred by the appellants under Section 374 of
Cr.P.C. against the impugned judgment of conviction and sentence dated
21.12.2023 passed by Second Additional Sessions Judge, District Datia (M.P.)
in Sessions Trial No. 28/2023 whereby appellants No. 1, 2 and 4 have been
convicted and sentenced under Section 323 of IPC (five counts) to undergo
rigorous imprisonment of six months with fine of Rs.500/- and under Section
324/34 of IPC to undergo rigorous imprisonment of one year with fine of
Rs.1000/- whereas appellant No. 3 has been convicted and sentenced under
Section 323 of IPC (five counts) to undergo rigorous imprisonment of six
months with fine of Rs.500/- and under Section 324 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 a counter-case bearing Crime No. 126 of
2022 has also been registered against the complainant party in which after trial,
complainant party has been convicted under Section 326 of IPC. Further
argument is 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.
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, application (I.A. No. 1936 of
2024) is allowed and 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 Raju @ Umashankar, Bunty @ Anand Kushwah,
Mony @ Aakash and Nripat Singh Kushwah shall remain suspended and
they be released on bail. They are further directed to mark his presence before
the Registry of this Court on 13.5.2024 and on subsequent dates 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
AKS
