LAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A.No. 6414 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. The appeal has been preferred by the appellants under Sec. 374 of Cr.P.C. against the impugned judgment of conviction and sentence dtd. 11/3/2024 passed by First Additional Sessions Judge, Mungaoli, District Ashoknagar (M.P.) in ST No. 36/2017 whereby appellant No. 1 has been convicted and sentenced under Sec. 324 of IPC to undergo rigorous imprisonment of one year with fine of Rs.1000.00 and under Sec. 323/34 of IPC (four counts) to undergo rigorous imprisonment of six months with fine of Rs.500.00 for each count whereas, appellants No. 2 to 4 have been convicted and sentenced under Sec. 324/34 of IPC to undergo rigorous imprisonment of one year with fine of Rs.1000.00 and under Sec. 323/34 of IPC (four counts) to undergo rigorous imprisonment of six months with fine of Rs.500.00for each count, with default stipulation.

(2.) Learned counsel for the appellants argued that the Court below has wrongly appreciated the evidence and convicted the appellants. There are material contradictions and omissions in the statements of the prosecution witnesses. It is further argued that appellants were on bail during trial and did not misuse the liberty so granted. This criminal appeal is likely to take long time to come up for final hearing and appellants have hope and believe that they would succeed, therefore, prayed to suspend the jail sentence of the appellants till record is received. On the other hand, learned State counsel opposed the application and prayed for rejection of the same.

(3.) Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, it is directed that subject to depositing of fine amount, if not already deposited, and on each of them furnishing a personal bond of Rs.50,000.00 (Rupees Fifty Thousand only) with one solvent surety of the like amount each to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellants - Lalsingh, Devsingh, Devisingh and Harnam Singh shall remain temporarily suspended for a period of two months from today and they be released on bail. List the case on 1/5/2024. Meanwhile, Registry is directed to call the record of the Court below. A copy of this order be sent to the concerned Court below for compliance. Certified copy/ e-copy as per rules/directions.