Bal Singh Mogiya vs The State Of Madhya Pradesh
2024 Latest Caselaw 6573 MP

Madhya Pradesh High Court

Bal Singh Mogiya vs The State Of Madhya Pradesh on 4 March, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 1546 of 2024
                                      (BAL SINGH MOGIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 04-03-2024
                                 Shri Ajay Singh Rathore - Advocate for the appellant.

                                 Shri 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. 2016 of 2024, first application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail to the appellants.

This Criminal Appeal assails the judgment dated 13.12.2023 passed by First Additional Session Judge, Shivpuri (M.P.) in ST No. 132/2018, whereby, appellants have been convicted and sentenced under Sections 325/34 of IPC to undergo rigorous imprisonment for maximum two years with maximum fine of Rs.500/- each with default stipulation and each the appellants have been convicted and sentenced under Sections 323/34 of IPC till the rising of Court.

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

prosecution witnesses. The appellants were on bail during trial and never misused the liberty so granted to them. He further submits that the trial Court has already suspended the jail sentence of the appellants for a period of one month from the date of judgment i.e. 13.12.2023. The appeal is likely to take long time to conclude. Hence, he prayed to suspend the jail sentence and grant of bail to the appellants.

Learned Panel Lawyer for 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 facts and circumstances of the case, so also, looking to the facts that earlier on 30.01.2024, the sentence of appellants were temporarily suspended, I.A.No. 2016 of 2024 is allowed and now the order of suspension dated 30.01.2024 is made confirmed and absolute and the sentence of appellants shall remain suspended on the personal bond of Rs.50,000/- (Rs. Fifty Thousand Only) each as already furnished by the appellants before the trial Court.

The appellants shall appear before the Office of this Court on 29.05.2024 and other dates as may be fixed by this Office in this regard from time to time.

List the case for final hearing in due course.

Certified copy today as per rules.

(SUNITA YADAV) JUDGE

AK/-