Banwari Gurjar vs The State Of Madhya Pradesh
2024 Latest Caselaw 6272 MP

Madhya Pradesh High Court

Banwari Gurjar 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. 13835 of 2023
                                          (BANWARI GURJAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 29-02-2024
                                Mr. Arjun Sharma, Advocate for the appellants.

                                Mr. Dinesh Savita, Panel Lawyer for the respondent - State.

Heard on I.A. No. 3090 of 2024, first application under Section 389 (1) of Cr.P.C. for suspension of jail sentence and grant of bail to appellant No. 7 - Suresh Gurjar.

This Criminal Appeal assails the judgment dated 17.10.2023 passed by

Second Additional Sessions Judge, Joura, District Morena (M.P.) in Sessions Trial No.201/2020, whereby appellant No. 7 has been convicted and sentenced under Section 148 of IPC to undergo rigorous imprisonment of one year with fine of Rs.1000/- and under Section 307/149 of IPC to undergo rigorous imprisonment of five years with fine of Rs.5000/-, with default stipulations.

Learned counsel for the appellants 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 the matter has already been

settled between the parties. Further submission is that appellant has already served more than eight months of incarceration out of total jail sentence awarded. The present criminal appeal is likely to take long time to conclude. Hence, prayed to suspend the jail sentence and grant of bail to the appellant No. 7 - Suresh Gurjar.

Counsel for the 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 facts and circumstances of the case, without commenting on merits of the case, I.A. No.3090 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 by appellant No. 7 to the satisfaction of the concerned trial Court, the remaining jail sentence of appellant No. 7 - Suresh Gurjar 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 15.4.2024

and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the 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

AKS