Pyar Singh Dangi vs The State Of Madhya Pradesh
2024 Latest Caselaw 16444 MP

Madhya Pradesh High Court

Pyar Singh Dangi vs The State Of Madhya Pradesh on 31 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 465 of 2024 (PYAR SINGH DANGI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 31-05-2024 Ms. Uma Kushwah, learned counsel for the appellants.

Shri Alok Sharma - P.L.- appearing on behalf of Advocate General. I.A. No. 9777/2024, an application for change of counsel which is supported by an affidavit is taken up, considered and allowed for the reasons mentioned therein.

Ms. Uma Kushwah learned counsel and her Associates are permitted to

prosecute the instant case on behalf of the appellants.

Heard on admission.

Admit.

Record of the trial Court has already been received. Heard on I.A. No. 433 of 2024, is an application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant No. 1 to 5 namely Pyar Singh Dangi, Makhan Singh Dangi, Viru @ Virendra, Jugraj Singh Dangi & Kalyan Singh Dangi respectively.

This Criminal Appeal assails the judgment dated 23.12.2023 passed in

S.T. No.09/2021 by 2nd Additional Sessions Judge, Dist. Vidisha (M.P.) whereby, appellants No. 1 to 5 stand convicted under Section 455, 148, 326, 326/149, 323/149 of the I.P.C. and sentenced them to undergo maximum 03 year RI each with maximum fine of Rs.2,000/- each with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. There are material omissions and contradictions in the statement of the

prosecution witnesses. He further submits that the appellant were on bail during trial and never misused the liberty so granted to them. It is further submitted that independent witness has not supported the case of the prosecution. Role of causing injuries to the victim has not been attributed to the appellants. It is further submitted that this appeal would take considerable time for its disposal. In such circumstances, the appellants pray for suspension of sentence and grant of bail.

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 arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 433 of 2024, is hereby allowed. Subject to deposit of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) each with a solvent surety each of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellants shall remain suspended and they be released on bail. The appellants are further directed to mark their appearance before the Office of this Court o n 4th of November, 2024 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the matter 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 Durgekar