Madhya Pradesh High Court
Iklesh @ Balwant Sondhiya vs The State Of Madhya Pradesh on 10 January, 2020
Author: Rohit Arya
Bench: Rohit Arya
1 CRA-106-2020
The High Court Of Madhya Pradesh
CRA-106-2020
(IKLESH @ BALWANT SONDHIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
1
Indore, Dated : 10-01-2020
Shri Avinash Darohariya, Advocate for the appellants.
Ms Sadhna Pathak, Public Prosecutor for the respondent/State on
advance notice.
Issue notice to respondent/complainant on payment of process fee within a period of seven working days, returnable within six weeks.
Let record of Courts below be requisitioned.
Heard learned counsel for the parties on I.A.No.43/2020 under Section 389(1) of the Code of Criminal Procedure for suspension of custodial sentence of appellants.
Appellants have been found guilty for the offence punishable under section 344 of IPC and imposed fine of Rs. 500/-, convicted u/S 323/34 IPC and sentenced to suffer 1 year R.I. and further convicted u/S 3(2)(Va) of SC/ST(Prevention of Atrocities)Act and sentenced to suffer 1 year RI with fine of Rs.500/- with default stipulation vide judgment dated 16.12.2019 in sessions trial No.57/2017.
Learned counsel for the appellants submits that trial Court has recorded conviction without properly appreciating the evidence on record and that material omissions, contradictions and anomalies present in the prosecution evidence have been overlooked. Trial Court has suspended the sentence of appellants which is going to expire on 16.01.2020. There are fair chances of success in this appeal. Hearing of the appeal is likely to take long time and appellants cannot be kept in custody unnecessarily, otherwise the appeal filed by them may turn infructuous, in these circumstances counsel prays for suspension of sentence and release of the appellants on bail.
On the other hand, learned counsel for the State opposes the application, submitting that no sufficient ground is made out for releasing the 2 CRA-106-2020 appellants on bail, hence the application filed by the appellants be dismissed.
Considering the fact that hearing of this appeal is likely to take considerable time, this Court is of the considered opinion that the application for suspension of custodial sentence deserves to be allowed.
Accordingly, I.A., is allowed and it is directed that on depositing the fine amount (if not already deposited) and on furnishing personal bond by the appellants in the sum of Rs.50,000/- (Rupees fifty thousand only) with a solvent surety in the like amount in case of each of the appellants to the satisfaction of the trial Court, for their regular appearance before this Court, the execution of custodial part of the sentence imposed against the appellants shall remain suspended, till the final disposal of this appeal.
The appellants, after being enlarged on bail, shall mark their presence before the Registry of this Court on 24.02.2020 and on all such subsequent dates, which are fixed in this regard by the registry.
Certified copy as per rules (ROHIT ARYA) JUDGE sh Digitally signed by SEHAR HASEEN Date: 2020.01.10 18:42:25 +05'30'