Jayveersingh vs The State Of Madhya Pradesh
2024 Latest Caselaw 6269 MP

Madhya Pradesh High Court

Jayveersingh vs The State Of Madhya Pradesh on 29 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRA No. 288 of 2024
                                              (JAYVEERSINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 29-02-2024
                                 Mr. D. S. Rajawat - Advocate for the appellant.

                                 Mr. Atul Sharma - Panel Lawyer, for respondent/State.

Heard on the question of admission.

The appeal, being arguable, is admitted for final hearing. Heard on I.A. No. 274 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 06.12.2023 passed by the First Additional Sessions Judge, Mungawali, District Ashoknagar (M.P.) in ST 04/2019, whereby appellant has been convicted and sentenced under Section 326/34 of IPC to undergo rigorous imprisonment of two years with fine of Rs.2,000/-, with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the evidence available on record. There are material omissions and contradictions in the statement of the

prosecution witnesses. It is further argued that offence under Section 326 of IPC has been attributed to the co-accused. Further submission is that the appellant has already served almost two months of incarceration out of total jail sentence of two years. The the appeal is likely to take long time to conclude. Appellant has hope and believe that he would succeed. Hence, he prayed to suspend the jail sentence and grant of bail to appellant looking to the short period of jail sentence.

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.274 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) 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 21.05.2024 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*)