Harisingh vs State Of Madhya Pradesh

Sunita Yadav, J

Heard on the question of admission;

This appeal appears to be arguable, hence, it is admitted for final hearing.

Record of the court below be requisitioned.

Also heard on I.A No. 18132/2023, an application for condonation of delay in filing the instant appeal.

In view of averments made in the application, which is supported by an affidavit, I.A. No. 18132/2023 is hereby allowed.

Delay of 240 days in filing the instant appeal is hereby condoned.

Also heard on I.A. No. 18073 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant no.1 - Hari Singh.

This Criminal Appeal assails the judgment dated 30.11.2022 passed by 7th Additional Sessions Judge, District Guna (M.P.) in ST. No. 300069/2013, whereby appellant no.1 has been convicted and sentenced under Sections 147, 148, 325/149 of IPC to undergo maximum rigorous imprisonment of Two Years with maximum fine of Rs.2,000- with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly Signature NotconvictedVerified the appellant without considering the material and evidence available It is further argued that there are material omissions and contradictions in the statement of the prosecution witnesses. It is further argued that only interested and relatives of the complainant have been examined and no independent witness has been examined. Further argument is that the appellant no.1, has served about 22 months of incarceration out of total awarded jail sentence of two years. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to appellant.

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. 18073 of 2023 is hereby allowed. Subject to depositing fine amount, if not already deposited, and on furnishing personal bond by the appellant No. 1 in sum of Rs. 25,000/-(Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant no.1 shall remain suspended and he be released on bail. Appellant is further directed to mark his appearance before the Office of this Court on 23.11.2023 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.