Govinda And Others vs State Of Madhya Pradesh

Roopesh Chandra Varshney, J

Heard on I.A. No.1346/2024, this is second application for suspension of sentence and grant of bail filed under Section 389 (1) of Cr.P.C. on behalf of appellant No.1 - Govinda.

Earlier application vide I.A. No.21955/2023 was filed on behalf of both the appellants, namely, Govinda and Jitendra but counsel for the appellants withdraw the application with regard to appellant No.1-Govinda, who is present appellant in this application.

Vide judgment dated 06.09.2023 passed by learned Sessions Judge, Burhanpur in S.T. No.54/2020, appellant No.1- Govinda has been convicted for offence punishable under Sections 307/34 of IPC and sentenced to undergo RI for 7 years with fine of Rs.3,000/- with usual default stipulations.

Learned counsel for appellant No.1 submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellant No.1 for aforesaid offence. The only allegation against appellant No.1 is that he assaulted the complainant by kicks and fists. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has n o t been suspended, then the appeal filed by appellant No.1 may turn infructuous. Under such circumstances, learned counsel for appellant prays for suspension of jail sentence and release of the appellant No.1 on bail till the final disposal of the appeal.

On the other hand, learned Public Prosecutor has opposed the contention raised by learned counsel for appellant No.1 and prays for rejection of said application.

Looking to the aforesaid facts and circumstances of the case, contention o f learned counsel for the appellant coupled with the fact that appellant No.1 has assaulted the complainant by kicks and fists and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant No.1-Govinda shall remain suspended during the pendency of this appeal and he be released on bail subject to depositing entire fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 03/04/2024 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the appeal for final hearing in due course.

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