Chhotelal And Others vs State Of Madhya Pradesh

Sunita Yadav, J

The appeal being arguable is admitted for final hearing.

Record of the Courts below be called for.

Heard o n I.A. No. 21600 of 2023, first application under Section 389 (1) of CrPC for suspension of jail sentence and grant of bail to the appellants. This Criminal Appeal assails the judgment dated 31.10.2023 passed by

Fourth Additional Sessions Judge, Bhind (M.P.) in Sessions Trial No.86/2019, whereby the appellants have been convicted and sentenced under Section 323/34 of IPC (two counts) with fine of Rs.500/- (each count) and under Section 325/34 of IPC to undergo rigorous imprisonment of one year with fine of Rs.1000/-, with default stipulations.

Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellants without proper appreciation of facts of the case. There are material contradictions and omissions in the statement of the prosecution witnesses. He further submits that the trial Court has already suspended the jail sentence of the appellants for a period of one month from the date of judgment i.e. 31.10.2023. Further argument is that present criminal appeal is likely to take long time to conclude and the appellants are ready and willing to abide by all the conditions which may be imposed by this Court. Hence, he prayed to suspend the jail sentence and grant of bail to the appellants. On the other hand, learned 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 rendered by learned counsel for the appellant as well as facts and circumstances of the case, without commenting on merits of the case, I.A.No.21600 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on each of the appellants furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of 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 on 25.01.2024 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course.

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