Malkhan Singh vs The State Of Madhya Pradesh
2025 Latest Caselaw 6059 MP

Madhya Pradesh High Court

Malkhan Singh vs The State Of Madhya Pradesh on 26 March, 2025

                                                                1                              CRA-13931-2024
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                       CRA No. 13931 of 2024

(MALKHAN SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH )

Dated : 26-03-2025 Tapendra Sharma - advocate for the appellants.

Samar Ghuraiya appearing on behalf of Advocate General.

Heard on admission.

Appeal being arguable, is admitted for final hearing. Also heard on I.A.No.26725 of 2024, first application under Section

389 (1) of Cr.P.C. for suspension of sentence and grant of bail to the appellants.

The appeal has been preferred by the appellants against the impugned judgment of conviction and order of sentence dated 26.11.2024 passed by Ist Additional Sessions Judge, Karera, District Shivpuri (M.P.) in S.T.No.233/2021, whereby, appellants have been convicted and sentenced under Sections 323/34 (3 counts) and 325/34 of IPC to undergo maximum rigorous imprisonment of 2 years with maximum fine of Rs.1000/- with default stipulation.

Learned counsel for the appellants submits that vide order dated 20.12.2024, the Co-ordinate Bench of this Court had granted the benefit of temporary bail to the appellants and they were directed to be released on bail for a period of three months and the record of the trial Court was called. The record of the Trial Court has been received. They were on bail during trial and did not misuse the liberty so granted. He further submits that there are

2 CRA-13931-2024 material contradictions and omissions in the statements of witnesses. The appeal is likely take long time to conclude. Appellants have good case on merits; therefore, the order dated 20.12.2024 passed by the Co-ordinate Bench of this Court may be made absolute.

Considering the facts and circumstances of the case and perusal of record, the application is allowed and order dated 20.12.2024 is hereby confirmed and made absolute.

It is directed that the jail sentence of appellants shall remain suspended during pendecy of this appeal on the personal bond in the sum of Rs.50,000/- (by each of the appellant) already furnished by the appellants before the trial Court in compliance of the earlier order dated 20.12.2024.

The appellant shall appear before the Office of this Court on

05.05.2025 and other dates as may be fixed by the Office in this regard from time to time.

Accordingly, I.A.No. 26725/2024 stands disposed of. List the appeal for final hearing in due course. Certified copy as per rules.

(RAJENDRA KUMAR VANI) JUDGE

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