HIMMATSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A.No.11175/2023, which is first application under Sec. 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of all the three appellants namely Himmatsingh, Sawansingh and Sumersingh.

(2.) Appellants stand convicted vide judgment dtd. 06/07/2023 passed in S.T.No.36/2022 by Sessions Judge, Shajapur (M.P.) under Ss. 325/34 of Indian Penal Code, 1860 and have been sentenced to undergo 01 year RI with fine of Rs.2,000.00 with usual default stipulation.

(3.) Learned counsel for the appellants submits that appellants are innocent persons and they have been falsely implicated in this matter. During the trial appellants were on bail and they have not misused the liberty granted to them. Their jail sentence has also been suspended by the Trial Court till 05/08/2023. There are material contradictions and omissions in the statement of the witnesses. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. There is a strong case in favour of the appellants. Hence, the execution of the remaining part of the jail sentence of the appellants be suspended till the final disposal of this appeal.