Madhya Pradesh High Court
Amar Singh vs The State Of Madhya Pradesh on 28 February, 2024
Author: Sunita Yadav
Bench: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1006 of 2024
(AMAR SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 28-02-2024
Shri Dinesh Singh Tomar - Advocate for the appellant.
Shri Rohit Shrivastava - Panel Lawyer for the respondent/State.
Heard on the question of admission.
The appeal, being arguable, is admitted for final hearing.
Heard on I.A. No. 3910 of 2024, which is second application under
Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail filed by
the appellants.
This Criminal appeal assails the judgment dated 27.12.2023 passed by the
Additional Sessions Judge, Radhogarh, District Guna (M.P.) in S.T.
No.60/2019, whereby, the appellants have been convicted for the offence under
sections 323/34 of IPC and Section 324/34 of IPC and sentenced them to
undergo imprisonment of three months RI with fine of Rs.500/- each and
imprisonment of six months each with fine of Rs.1000/- each with default
stipulation respectively.
First application was allowed and temporarily suspension was granted to
the appellants for two months vide order dated 22.01.2024. Since period of
suspension has not been ended and however earlier I.A.No.1149/2024 has been
disposed of, therefore, second application (I.A.No.3910 of 2024) has been
filed.
Learned counsel for the appellants submits that a cross-case under
Section 307, 326, 147, 148, 323, 324, 294 of IPC bearing Crime No.343 of
2017 has also been registered against the complainant parties which was
decided in S.T. No.59/2019 in which the complainant parties have been
convicted. In this case, there are material omissions and contradictions in the
statement of prosecution witnesses. During trial, the appellants were on bail and
never misused the liberty so granted. The appeal is likely to take long time to
conclude. Appellants have hope and believe that they would succeed. Hence, he
prayed to suspend the jail sentence and grant of bail to appellants.
Learned Panel Lawyer for the respondent/State vehemently opposed the
application and prayed for its rejection.
Heard learned counsel for the parties and perused the materials available
on record.
Considering the arguments advanced by learned counsel for the parties,
without commenting on merits of the case, I.A. No.3910 of 2024 is hereby
allowed. Subject to depositing of fine amount, if not already deposited, and on
furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only)
each with one solvent surety each of the like amount to the satisfaction of the
concerned trial Court, the remaining jail sentence of the appellants shall remain
suspended and they be released on bail. They are further directed to mark their
appearance before the Office of this Court o n 11.6.2024 and on subsequent
dates given by the Office in this regard, till final disposal of this appeal.
List this 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
AK/-
