Madhya Pradesh High Court
Sanjay Kol vs The State Of Madhya Pradesh on 22 February, 2024
Author: Achal Kumar Paliwal
Bench: Achal Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8844 of 2022
(SANJAY KOL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 22-02-2024
Shri Anil Khare - Senior Advocate with Shri Priyank Agrawal -
Advocate for the appellants.
Shri Harsh Gupta - Panel Lawyer for the respondent/State.
Heard on I.A.No.2776/2024, second application under Section 389(1) of
the Cr.P.C. for suspension sentence and grant of bail to appellants.
The appellant No.1 has been convicted under Section 409 of the IPC
and sentenced to undergo R.I. for 10 years with fine of Rs.2,000/-, Section 420
read with 120-B of the IPC and sentenced to undergo R.I. for 5 years with fine
of Rs.2,000/-, Section 467 read with 120-B of the IPC and sentenced to
undergo R.I. for 10 years with fine of Rs.2,000/-, Section 468 read with 120-B
of the IPC and sentenced to undergo R.I. for 5 years with fine of Rs.2,000/-
and Section 471 read with 120-B of the IPC and sentenced to undergo R.I. for
10 years with fine of Rs.2,000/-(for appellant No.1 Sanjay Kol) and appellant
No.2 has convicted under Section 420 read with 120-B of the IPC and
sentenced to undergo R.I. for 5 years with fine of Rs.2,000/-, Section 467 read
with 120-B of the IPC and sentenced to undergo R.I. for 10 years with fine of
Rs.2,000/-, Section 468 read with 120-B of the IPC and sentenced to undergo
R.I. for 5 years with fine of Rs.2,000/- and Section 471 read with 120-B of the
IPC and sentenced to undergo R.I. for 10 years with fine of Rs.2,000/- (for
appellant No.2 Ravi Kol), with default stipulations.
Earlier first application was dismissed as withdrawn by order dated
22.08.2023.
Learned senior counsel for the appellants after referring to para 56, 59
and 63 of impugned judgment submits that no alleged offence and no role has
been attributed to appellants and main accused is principle Tikaram against
whom charge sheet has been filed till today. Appellants are in jail since the date
of judgement i.e. 8.9.2022 and before that appellants have also remained
custody for substantive period. There is no possibility of early hearing of this
appeal and this appeal is of the year 2022. On above grounds, it is prayed that
appellants sentence be suspended and they be released on bail.
Learned Panel Lawyer for the respondent/State has opposed the I.A. on
the basis of written objections.
I have heard learned counsel for the parties and perused the record.
I have gone through the record of the case, including evidence adduced
against appellants and impugned judgement and taking into consideration overall
evidence on record, including nature of evidence against appellants and facts
mentioned in para 56, 59 and 63 of impugned judgment, I deem it proper to
suspend the remaining jail sentence of the appellants. Accordingly, aforesaid
I.A. is allowed.
Subject to depositing the fine amount, if not already deposited, the
remaining jail sentence of the appellants is hereby suspended and it is directed
that the appellants - Sanjay Kol and Ravi Kol be released on bail on their
furnishing a personal bond for a sum of Rs.25,000/- (Rupees Fifty Thousand
only) each with two solvent sureties of the like amount to the satisfaction of the
trial court with a further direction to appear before the concerning trial Court
on 25.04.2024 and also on such other dates, as may be fixed by the trial court
in this regard during the pendency of this appeal.
List the matter for final hearing in due course.
C. c. as per rules.
(ACHAL KUMAR PALIWAL)
JUDGE
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