Madhya Pradesh High Court
Ramroop @ Ramswaroop vs The State Of Madhya Pradesh on 9 May, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 5623 of 2024
(RAMROOP @ RAMSWAROOP AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 09-05-2024
Shri Faisal Ali Shah - Advocate for the appellants.
Shri Ramadhar Choubey - Public Prosecutor for the respondent/State.
Heard on I.A.No.9145 of 2024, first application under Section 389(1) of
Cr.P.C. for suspension of sentence and grant of bail moved by the appellants.
This Criminal Appeal assails the judgment dated 29.04.2024 passed by
Additional Sessions Judge, Vijaypur, District Sheopur, whereby appellants have
been convicted under Section 324/34 of IPC and have been sentenced to
undergo rigorous imprisonment of six months with fine of Rs.500/- and under
Section 323/34 of IPC and have been sentenced to undergo only fine of
Rs.1000/- with default stipulations.
Learned counsel for the appellants argued that the Courts below have
wrongly appreciated the evidence and convicted the appellants. It is further
submitted that there are material contradictions and omissions in the statement
of prosecution witnesses. It is further argued that the appellants are already
suspended on bail till 28.05.2024. Present appeal is likely to take long time to
come up for final hearing. On these grounds, learned Counsel prays that
execution of remaining jail sentence of appellants may be suspended and they
may be enlarged on bail.
Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of
bail, regard being had to the nature and the gravity of offence found proved
against the present appellants.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions so advanced touching merits of the
case, regard being had to the obtaining facts and circumstances of the case and
the appeal which is of the year 2024 is not likely to be decided in the near
future, this Court is of the view that appellants are entitled to the benefit of
suspension of sentence and grant of bail.
Accordingly, I.A. No.9145 of 2024 stands allowed and it is directed that
the jail sentence of appellants shall remain suspended during pendency of the
appeal and they shall be released on bail subject to verification of the factum of
depositing the fine amount and on their furnishing a personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety in
the like amount to the satisfaction of the concerned trial Court.
Appellants are directed to appear before the Registry of this Court first
on 23.09.2024 and on other subsequent dates as may be fixed in this behalf.
Accordingly, the IA stands allowed and disposed of.
Observation on facts, if any, are only for the purpose of deciding the
instant IA and shall have no bearing on the merits of appeal.
Let record of the trial Court be called for.
Certified copy as per rules.
(RAJENDRA KUMAR VANI)
JUDGE
Monika
