Madhya Pradesh High Court
Govardhan Kushwah vs The State Of Madhya Pradesh on 28 May, 2018
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.3950/2018
(Govardhan Kushwah & Ors Vs. State of M.P.)
Indore, Dated:28/05/2018
Shri A.K. Saxena, learned counsel for the appellants.
Shri R.R. Maheshwari, learned Govt. Advocate for the
respondent/State .
Heard on the question of admission.
Appeal is admitted for final hearing.
Record of the court below be called for.
Also heard learned counsel for the parties on I.A. Nos. 3564/2018 3562/2018, which are the applications for urgent hearing and hearing during summer vacation respectively.
On due consideration IA Nos. 3564/2018 and 3562/2018 are allowed.
Further heard learned counsel for the parties on IA No. 3559/2018-an application under Section 389(1) of the Code of Procedure for suspension of jail sentence and for grant of bail filed on behalf of the appellants - Govardhan and Balli @ Bablu.
Appellants -Govardhan and Balli @ Babli have been found guilty for offence under Section 325/34 of the IPC and have been sentenced to undergo R.I. for 2 years and to pay fine of Rs. 1,000/- each with default stipulation.
It is submitted by the learned counsel for the appellants that the jail sentence of the appellants have already been suspended by the trial Court since 11/06/2018. It is also submitted that the trial court has recorded the conviction without properly appreciating the evidence on record and that material omissions and contradistinctions present in the prosecution evidence have been overlooked. Lastly, it is submitted that the appeal is likely to take sufficient time in its final disposal and if the custodial sentence is not suspended, then the appeal shall be rendered infructuous.
Learned Public Prosecutor prays for rejection of the application. Considering the submissions made on behalf of the parties and facts and circumstances of the case, it would be appropriate to suspend the jail sentence of the appellants-Govardhan and Balli @ Bablu.
Accordingly, I.A. No. 3559/2018 is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by the appellants-Govardhan and Balli @ Bablu in the sum of Rs.50,000/- (Rupees Fifty thousand only)each with a solvent surety in the like amount to the satisfaction of the learned trial Court, for their regular appearance before this Court, the execution of custodial part of the remaining 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 30/07/2018 and on all such subsequent dates, which are fixed in this regard by the registry.
List in due course.
(S.K. Awasthi) Vacation Judge skt Digitally signed by Santosh Kumar Tiwari Date: 2018.05.28 19:16:17 +05'30'