Madhya Pradesh High Court
Gomalal vs The State Of Madhya Pradesh on 6 October, 2023
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 12346 of 2023
(GOMALAL Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 06-10-2023
Shri Harish Tripathi - Advocate for the appellant.
Shri Prashant Jain - Govt. Advocate for the respondent No.1/State.
Heard on the question of admission.
2. The appeal is admitted for final hearing.
3. Victim is served.
4. Also heard on IA No.14823/2023, which is first application filed under Section 389(1) of Cr.P.C., 1973 for suspension of jail sentence and grant of bail moved on behalf of appellant - Gomalal.
5. Learned trial Court has convicted the appellant under Sections 186, 353, 294 and 506 of IPC and sentenced him to undergo fine of Rs.200/-, RI for 01 year with fine of Rs.1,000/-, fine of Rs.500/- and RI for 06 months with fine of Rs.500/-, respectively and under Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST Act and sentenced to undergo RI for 01 year with fine of Rs.1,000/-, RI for 01 year with fine of Rs.1,000/- and RI for 01 year with fine of Rs.1,000/-, respectively with default stipulations vide judgement of conviction and order of sentence dated 11.09.2023 passed by the Special Judge, SC/ST Act, Neemuch in S.S.T. No.34/2021.
6 . Learned counsel for the appellant submits that appellant is innocent and he has falsely been implicated in the matter and his jail sentence has already been suspended by the trial Court till 11.10.2023. There is n o likelihood of hearing of this appeal in near future. Hence, prays that application for suspension of jail sentence be allowed.
Signature Not Verified Signed by: SHRUTI JHA Signing time: 07-10- 2023 11:23:48 27. Learned Government Advocate for the respondent/State, on the other hand has opposed the application and prayed for its rejection.
8. Looking to the short term of sentence and considering other facts and circumstances of the case, this Court is of the considered view that it is a fit case for suspension of jail sentence and grant of bail to the appellant. Hence, without expressing any opinion on merits of the case, I.A.No.14823/2023 is allowed and jail sentence of the appellant shall remain suspended.
9. It is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail, on furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty five thousand only) with a solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 06.11.2023 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.
10. List the matter for final hearing in due course. Certified copy, as per Rules.
(PRAKASH CHANDRA GUPTA) JUDGE Shruti Signature Not Verified Signed by: SHRUTI JHA Signing time: 07-10- 2023 11:23:48