LAWS(MPH)-2024-5-133

LUCKY Vs. STATE OF MADHYA PRADESH

Decided On May 21, 2024
Lucky Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Heard on I.A.No.10009 of 2024, first application under Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellants with an alternative prayer for grant of temporary bail as record has not been received.

(2.) The appeal has been preferred by the appellants under Sec. 374 (2) of the Cr.P.C. against the impugned judgment of conviction and sentence dtd. 25/4/2024 passed by 4th Additional Sessions Judge, Vidisha (M.P.) in ST No.9/2022 whereby, the appellants stood convicted under Ss. 411 of IPC and sentenced to undergo rigorous maximum imprisonment of two years with maximum fine of Rs.2,000.00 each with default stipulations.

(3.) Learned counsel for the appellants submitted that learned trial Court has wrongly convicted the appellants without appreciating the evidence on merit. Further submission is that there are material omissions and contradictions in the statement of the prosecution witnesses. Appellants were on bail during trial. They never misused the liberty granted to them during trial. Therefore, learned counsel for appellants at this stage orally prays for grant of temporary suspension of sentence and grant of bail for a limited period.