Amar Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8864 MP

HIGH COURT OF MADHYA PRADESH Cr. Appeal No.5538/2021 (Amar Singh Vs. State of M.P.) JABALPUR : 15.12.2021 Shri D.K.Mishra, Advocate for the appellant. Shri Anshul Mishra, P.L. for the State. Heard on admission.

Admit.

Record of the trial Court is available.. Also heard on I.A. No.16805/2021, an application under section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant.

This appeal has been preferred against the judgment dated 7.9.2021 passed by Additional Sessions Judge, Bairasiya, District Bhopal, in S.T. No.203/2017 whereby the appellant has been convicted under Section 393/34 of the IPC and sentenced to undergo S.I. for four years along with fine of Rs.5,000/- , with default stipulation.

Learned counsel for the appellant submits that the appellant is in jail since the date of judgment and he has been wrongly convicted. The learned trial Court has erred in appreciating the evidence on record. The appellant was on bail during trial and he did not misuse the liberty so granted. The fine amount has already been deposited by him. An early hearing of this appeal is not possible and owing to COVID-19 outbreak, detention of appellant in already congested prisons may be detrimental. The appellant is permanent resident of District- Sehore (M.P.). There are fair chances of success of this appeal. He is ready to abide by the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for suspension of sentence is made.

An early hearing of this appeal is not possible. Taking into consideration the facts and circumstances of the case, the I.A. is allowed.

HIGH COURT OF MADHYA PRADESH Cr. Appeal No.5538/2021 (Amar Singh Vs. State of M.P.) It is, therefore, directed that if appellant Amar Singh deposits the entire fine amount, if not already deposited, and furnish a personal bond in the sum of Rs.50,000/-(Rupees fifty thousand) with a solvent surety in the like amount, to the satisfaction of trial Court for his appearance before the trial Court of this Court on 5th April, 2022 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

List the appeal for final hearing as per its turn. C.C. as per rules.

(S.A.Dharmadhikari) JUDGE HS

HEMANT SARAF 2021.12.16 15:56:00 +05'30'