Shyamsingh vs The State Of Madhya Pradesh
2021 Latest Caselaw 3748 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                   CR. A. No. 4232 / 2021
                SHYAMSINGH Vs. STATE OF MP
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INDORE, Dated : 30/07/2021
     Heard through video conferencing.
     Mr. R. R. Bhatnagar, learned counsel for the appellants.
     Mr. Vismit Panot, learned PL for the respondent -

State.

Heard on the question of admission.

Appeal is admitted for hearing.

Heard on I.A.No. 19343/2021, an application u/S. 389 of the Code of Criminal Procedure, 1973 for grant of bail and suspension of execution of remaining jail sentence.

The appellant has been convicted u/S. 307/34 and S. 326/34 of the Indian Penal Code, 1860 and sentenced to undergo 2 years and six months on each count with total fine Rs.10,000/-, respectively, vide judgment dated 14/7/2021 passed by the II Addl. Sessions Judge, Garoth, Distt. Mandsaur in S.T.No. 253/2015.

Learned counsel for the appellant submits that the appellant was on bail during trial and he did not have any weapon at the time of incident and he did not cause any injury to the complainant. There is no previous enmity between the appellant and the complainant and the matter has been compromised between the parties. The trial Court has erred in convicting the appellant without appreciation of evidence available on record. There are so many omissions and contradictions in the prosecution story. Appellant is a Government servant and he has no criminal antecedents. HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

CR. A. No. 4232 / 2021 SHYAMSINGH Vs. STATE OF MP

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Under these circumstances learned counsel for the appellant prays for bail and suspension of execution of jail sentence.

Per contra, learned counsel for the respondent - State opposed the application for grant of bail and prays for its rejection.

Undoubtedly, appellant Shyam Singh was on bail during trial and there is no misuse of the liberty. He is a Government servant. Paragraph No. 65 of the impugned judgment reads as under :

';kefla g dk d`R; ns[kk tkos rks mDr vkjksi h }kjk ?kVuk esa Qfj;knh dks u rks dksbZ pksV igq ap k;h x;h gS vkS j u gh ?kVuk ds le; vkjksi h ';kefla g ds ikl dksbZ gfFk;kj FkkA ;g Hkh mYys[ kuh; gS fd vkjks i h ';kefla g dh Qfj;knh ls ,sl h dksbZ iwoZ jaf t'k nf'kZ r ugha gksr h tks vijk/k dk gsrq d cuh gks cfYd tSlk fd vfHkys [ k ls Li"V gS fd izdj.k esa fnuka d 12-07-2021 dh vkns' k if=dk vuql kj Lo;a Qfj;knh us vkjks i h ';kefla g ls le>kS r k gks tkus dk rF; izdj.k djrs gq, fyf[kr le>kS r k o Lo;a dk 'kiFk i= is'k dj crk;k gS fd Qfj;knh o vkjks i h ';kefla g ds chp fdlh izd kj dh dksbZ jaf t'k ugha gS rFkk muds laca/ k Hkfo"; esa Hkh vPNs cus jgsa bl gsrq muds chp le>kS r k gks x;k gS rFkk Qfj;knh izLrq r ekeys esa vkjks i h ';kefla g ds fo:) dksbZ dk;Z o kgh ugha pkgrk gSA

After considering the submissions of the learned counsel for the appellant and looking to the facts and circumstances of the case and the observation of the trial Court made in para No. 65 of the impugned judgment and also the fact that applicant is a Government servant, it would be appropriate to allow the application for grant of bail.

Accordingly, I.A.No. 19343/2021 is allowed. It is directed that execution of remaining jail sentence awarded to appellant Shyam Singh shall remain suspended and subject HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

CR. A. No. 4232 / 2021 SHYAMSINGH Vs. STATE OF MP

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to depositing the amount of fine, the appellant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rs. Fifty thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the Office / Registry of this Court on 20/09/2021 and on such other dates as may be fixed in this behalf.

Certified copy, as per Rules.

(ANIL VERMA) JUDGE KR

Digitally signed by KAMAL RATHORE Date: 2021.07.30 14:59:38 +05'30'