Madhya Pradesh High Court
Nageshwar Singh vs The State Of Madhya Pradesh on 28 August, 2017
1
Cr.A.No.3290/2017
28.08.2017
Shri Gyanendra Patel, counsel for the appellant.
Shri A.K. Sharma, Government Advocate for the
respondent/State.
Heard on I.A. No.16293/2017, which is an application u/S.389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellants namely Nageshwar Singh, Kamlakar Singh, Gulab Singh, Krishna Bahadur Singh @ Pintu Bihari Singh, Shubham @ Bholu Singh and Akhand Pratap @ Anal Singh.
This appeal has been preferred against the judgment dated 11.08.2017 passed by Additional Sessions Judge, Rewa, District Rewa in S.T.No.447/2015 whereby learned Additional Sessions Judge found appellants guilty for the offence punishable under Section 325/149 of IPC and sentenced each of them to undergo two years R.I. with fine of Rs.1,000/- with default stipulation.
Learned counsel for the appellants submitted that the trial Court without appreciating the evidence properly wrongly convicted the appellants for the aforesaid offence. It is submitted that the trial Court has already suspended the jail sentence of the appellants till 11.09.2017. There are several omissions and contradictions in the evidence adduced by the prosecution. Hence prayed for suspension of the jail sentence and release of the appellants on bail since the hearing of this 2 Cr.A.No.3290/2017 appeal would likely to take long time.
On the other hand, learned counsel for the State opposed the prayer and submitted that the guilt of the appellants was proved beyond reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellants.
Looking to the facts and circumstances of the case, application I.A. No.16293/2017 is allowed and it is directed that subject to deposit of fine amount, the execution of the jail sentence alone passed against the appellants shall remain suspended during the pendency of this appeal and they be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with one surety each in the like amount to the satisfaction of the trial Court for their appearance before the Registry of this Court on 15.12.2017 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.
Office is directed to call for the record. Matter be listed for admission along with the record after four weeks.
C.C. on payment of usual charges.
(Rajeev Kumar Dubey) Judge (ra)