Ramsingh vs The State Of Madhya Pradesh
2021 Latest Caselaw 7457 MP

                                              1                              CRA-7036-2019
              The High Court Of Madhya Pradesh
                       CRA No. 7036 of 2019
                         (RAMSINGH Vs THE STATE OF MADHYA PRADESH)

17
Jabalpur, Dated : 16-11-2021
        Mr. M.P. Tripathi, learned counsel for the appellant.
        Mr. Anoop Sonkar, learned Panel Lawyer for the respondent/State.

Mr. C.P. Dwivedi, learned counsel for the objector. Heard on the question of admission.

Appeal seems to be arguable, hence admitted for hearing.

Heard on I.A.No.22026/2019, which is first application for suspension of sentence and grant of bail to the appellant who stands convicted vide judgment dated 14.08.2019 passed by Sessions Judge, Burhanpur in ST No.08/2017 for offences punishable under Sections 458 and 307 of the Indian Penal Code and sentenced to undergo R.I. for ten years and fine of Rs.1,000/- and default stipulation.

Learned counsel for the appellant submits that the appellant contended that the trial Court has not considered the evidence on record properly. It is further contended that the appellant and the complainant have arrived at a compromise. It is also submitted that the appellant has already undergone a custodial period for three years

and three months Hence, it is prayed that the substantive jail sentence of the appellants be suspended and they be granted bail.

Learned Panel Lawyer for the State has vehemently opposed the bail application. Learned counsel appearing for the objector fairly submitted that he has no objection if the applicant is granted benefit of suspension of sentence and is granted bail.

The appellant and the complainant have arrived at a compromise and they filed an application under Section 320 (2) of the Cr.P.C. for compromise. The same has been verified and this Court vide order dated 08.09.2021 observed that the factum of compromise between the parties shall be considered at the time of final hearing of the appeal.

Considering the facts and circumstances of the case and taking into account the 2 CRA-7036-2019 fact that the parties have compromised their dispute, without commenting upon the merits of the case, I.A. No.22026/2019 is allowed. It is directed that on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a Surety in the like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon the appellant- Ramsingh shall remain suspended during the pendency of this case and he be released on bail. The appellant

shall appear before the concerned trial Court on 09.03.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.22026/2019 stands disposed of. List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2021.11.17 18:25:38 IST