Batanlal vs The State Of Madhya Pradesh
2024 Latest Caselaw 6117 MP

Madhya Pradesh High Court

Batanlal 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. 1265 of 2024
                                            (BATANLAL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 28-02-2024
                                 Mr. Shyam Kishor Singh Jadon - Advocate for the appellant.

                                 Mr. Prabhat Pateriya - Dy. Public Prosecutor for respondent/ State.

Heard on the question of admission.

The appeal, being arguable, is admitted for final hearing. Heard on I.A. No. 4002 of 2024, which is first application under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail filed by

the appellant.

This Criminal Appeal assails the judgment dated 20.12.2023 passed by t h e First Additional Sessions Judge, Sironj, District Vidisha M.P.) in S.T. No.48/2019, whereby, appellant has been convicted and sentenced under sections 420, 467, 468 and 471 of IPC with maximum sentence of five years with maximum fine of Rs. 1,00,000/- with default stipulation.

Learned counsel for the appellant submits that the trial Court has erred in convicting the appellant without properly appreciating the evidence of Archna Mehra/PW/1, Mukesh Jain/(PW/3) and Lekhraj/(PW/5). On the basis of the

statements of these witnesses the allegation against the present appellant has not been proved that he melafide intention resold the plot to Archna Mehra. There are material contradictions and omissions in the statement of the prosecution witnesses. Further submission is that the appellant was on bail during trial and never misused the liberty so granted. Further argument is that the appellant has served about 6 months of incarceration out of total awarded jail sentence of five years. This appeal is likely to take long time to conclude. Hence, prayer is made

to suspend the jail sentence and grant of bail to appellant.

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.4002 of 2024 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court,

the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the Office of this Court o n 11.06.2024 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

(LJ*)