Shivpal Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 6664 MP

                                                                         1                               CRA-6063-2021
                                               The High Court Of Madhya Pradesh
                                                          CRA-6063-2021
                                                        (SHIVPAL SINGH Vs THE STATE OF MADHYA PRADESH)

                                       1
                                       Jabalpur, Dated : 22-10-2021
                                             Heard through Video Conferencing.
                                             Shri Pushpendra Dubey, learned counsel for the appellant.
                                             Shri Devendra Shukla, learned PL for the respondent/State.

Record be called for.

Heard on I.A. No.18370/2021, which is an application under Section 389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellant Shivpal Singh.

T h i s appeal has been preferred against the judgment dated 30/9/2021 passed by learned Seventh Additional Sessions Judge, Bhopal in S.T.No.1003/2015, whereby learned Additional Sessions Judge found the appellant guilty for the offence punishable under Sections 420 of the IPC and sentenced him to undergo R.I. for 3 years with fine of Rs.10,000/- with default clause.

Learned counsel for the appellant submitted that the trial Court has already suspended the jail sentence of the appellant till 30/10/2021. Learned trial Court without appreciating the evidence properly, wrongly convicted the appellant for the aforesaid offence. There are several omissions and contradictions in the evidence adduced by the prosecution. Hence, prayed for suspension of the jail sentence and release of the appellant on bail since the hearing of this appeal will take long time.

On the other hand learned counsel for the State opposed the prayer and submitted that the guilt of the appellant was proved beyond reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellant.

Looking to the facts and circumstances of the case and the short sentence awarded by the trial Court and the fact that the sentence of the appellant has already been suspended by the trial Court upto 30/10/2021, the I.A. is allowed and it is directed that the execution of the jail sentence passed against the appellant shall remain suspended and he be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of Signature Not Verified SAN this Court on 22/12/2021 and on such further dates as may be fixed in this Digitally signed by MONIKA CHOURASIA Date: 2021.10.22 17:24:51 IST 2 CRA-6063-2021 behalf by the Registry during the pendency of this appeal.

C.C. as per rules.

Matter be listed for orders on admission after four weeks.

(RAJEEV KUMAR DUBEY) JUDGE

m/-

Signature Not Verified SAN

Digitally signed by MONIKA CHOURASIA Date: 2021.10.22 17:24:51 IST