Citation : 2024 Latest Caselaw 6261 MP
Judgement Date : 29 February, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 2763 of 2024
(RAN SINGH YADAV Vs THE STATE OF MADHYA PRADESH)
Dated : 29-02-2024
Shri Ashok Kumar Upadhyay - Advocate for the appellant.
Shri Girraj Soni - Panel Lawyer for the respondent/State.
Heard on I.A. No.4158/2024, which is first application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant.
This Criminal appeal assails the judgment dated 31.01.2024 passed by the
15th Additional Sessions Judge, Gwalior (M.P.) in S.T. No.347/2021, whereby, the appellant has been convicted for the offence under sections 420, 467, 468, 471 of IPC and sentenced him to undergo imprisonment of three years RI with fine of Rs.500/-, imprisonment of three years RI with fine of Rs.500/-, imprisonment of three years RI with fine of Rs.500/- and imprisonment of one year RI with fine of Rs.500/- with default stipulation respectively.
Learned counsel for the appellants submitted that learned trial Court has wrongly convicted the appellant without appreciating the evidence properly available on record. Further submission is that there are material omissions and
contradictions in the statement of the prosecution witnesses. Therefore, learned counsel for appellant at this stage orally prays for grant of temporary suspension of sentence and grant of bail for a limited period.
Per contra, learned Panel Lawyer for respondent/State opposed the application and prayed for its rejection.
Heard learned counsel for the parties and perused the materials available on record.
Considering the facts and circumstances of the case, without commenting on merits of the case and to the extent of temporary suspension of sentence for a period of two months. Accordingly, it is directed that appellant be released on temporary bail for a period of two months from the date of his release on furnishing personal bond to the tune of Rs. 50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court.
Temporary bail is given only for two months and the appellant shall have to surrender on completion of the period of two months before the trial Court and the trial Court shall submit surrender report in this regard before this Court
on the next date of hearing.
List the case on 21.03.2024.
Let record of the trial Court be called for.
Certified copy/ e-copy as per rules/directions.
(SUNITA YADAV) JUDGE
Monika
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