Madhya Pradesh High Court

Paalu @ Jayendra vs The State Of Madhya Pradesh on 5 June, 2025

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

1 CRA-5204-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 5204 of 2025
(PAALU @ JAYENDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH )

Dated : 05-06-2025
Shri Brijendra Singh Gour, Advocate for the appellants.

Shri S. S. Kushwaha, Public Prosecutor for State.

Call for the record.
Heard on I.A. No.11187/2025, first application under Section 389(1)
of Cr.P.C. for suspension of jail sentence and grant of bail to the appellants.

This Criminal Appeal under Section 415 of BNSS assails the judgment
dated 8/5/2025 passed by the Special Judge (SC/ST Act) in Special Case No.
35/2022 whereby, appellants No.1, 2, 3, 5 & 6 have been convicted under
Sections 323(4 counts)/149 and 325/149 of IPC and Appellant No.4 has been
convicted under Section 323(4 counts)/149 of IPC and Section 325 of IPC
and sentenced to suffer various terms of sentences, maximum of which is
one year of RI and maximum fine of Rs.4000/- with default stipulation and
fine.
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 witnesses.
The appeal is likely to take long time to conclude. The sentence of the
appellants is already suspended by the trial Court for a limited period. Hence,
he prayed to suspend the jail sentence and grant of bail to appellants.
Learned counsel for the respondent/State vehemently opposed the

2 CRA-5204-2025 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 and that short sentence has been awarded to the appellants, without commenting on merits of the case, I.A. No. 11187 of 2025 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) each with one 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. They are further directed to mark their appearance before the Office of this Court on 07.08.2025 and on

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

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(DWARKA DHISH BANSAL) V. JUDGE

Rohit