Madhya Pradesh High Court

Lal Singh vs The State Of Madhya Pradesh on 9 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 4081 of 2024
                                         (LAL SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 09-05-2024
                                Shri Deepak Shrivastav - Advocate for appellants.

                                Shri APS Tomar - Public Prosecutor for respondent/State.

Heard on the question of admission.

This appeal appears to be arguable, hence, it is admitted for final hearing.

Record of the trial court is received.

Heard on I.A. No.6414/2024, first application under Section 389 (1) of Cr.P.C for suspension of jail sentence and grant of bail to the appellants.

The appeal has been preferred by the appellants under Section 374 of Cr.P.C. against the impugned judgment of conviction and sentence dated 11.3.2024 passed by First Additional Sessions Judge, Mungaoli, District Ashoknagar (M.P.) in ST No. 36/2017 whereby appellant No. 1 has been convicted and sentenced under Section 324 of IPC to undergo rigorous imprisonment of one year with fine of Rs.1000/- and under Section 323/34 of IPC (four counts) to undergo rigorous imprisonment of six months with fine of

Rs.500/- for each count whereas, appellants No. 2 to 4 have been convicted and sentenced under Section 324/34 of IPC to undergo rigorous imprisonment of one year with fine of Rs.1000/- and under Section 323/34 of IPC (four counts) to undergo rigorous imprisonment of six months with fine of Rs.500/- for each count, with default stipulation.

Learned counsel for the appellants argued that the Court below has wrongly appreciated the evidence and convicted the appellants. There are

material contradictions and omissions in the statements of the prosecution witnesses. It is further submitted that the appellants were on bail during trial and did not not misuse the liberty so granted. Further submission is that earlier the appellants were granted interim suspension of sentence for a period of two months vide order dated 02.04.2024, however, they did not misuse the liberty so granted. Under these circumstances, he prayed to suspend the jail sentence of the appellants and release them on bail.

On the other hand, learned Public Prosecutor for respondent/State opposed the application and prayed for rejection of the same.

Considering the facts and circumstances of the case so also looking to

the fact that earlier on 02.04.2024, the sentence of appellants were temporarily suspended, I.A. No. 6414 of 2024 is allowed and now the order of suspension dated 02.04.2024 is made confirmed and absolute and the sentence of appellants shall remain suspended on the personal bond of Rs.50,000/- each as already furnished by the appellants before the trial Court.

The appellants shall appear before the Office of this Court on 26.08.2024 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/-