Jalam Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 6983 MP

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          The High Court Of Madhya Pradesh
                    CRA-6371-2021
          (JALAM SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated:-28/10/2021
      Shri S.S. Rajput, learned counsel for the appellants.

      Shri Avneesh Singh, learned Public Prosecutor for the

respondent/State.

Appeal being arguable is admitted for final hearing.

Record of the trial Court be called for.

Heard on I.A.No.30860/2021, an application under Section

389(1) of Cr.P.C. for suspension of jail sentence moved on behalf of

the appellants for suspension of sentence and grant of bail.

This criminal appeal has been filed against the judgment dated

05/10/2021 passed by Additional Sessions Judge, Chachouda, District

Gwalior, Guna (M.P.) in Sessions Trial No.188/2013 by which

appellants have been convicted and sentenced as under:

Section             Sentence          Fine               In        default
                                                         stipulation
147 of IPC          6-6 months of Rs.200-200/-           1-1 month of RI
                    R.I.
323/149 of IPC      6-6 months of Rs.200-200/-           1-1 month of RI
                    R.I.
325/149 of IPC      2-2 years of R.I. Rs.500-500/-       3-3months of RI

It is submitted by learned counsel for the appellants that this is

first application for suspension of sentence on behalf of the appellants.

It is further submitted that the appellants have been wrongly convicted

by the trial Court. There are lots of contradictions and omissions in the

evidence of the prosecution witnesses. Appellants are on bail and they

The High Court Of Madhya Pradesh CRA-6371-2021 (JALAM SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

have not misused the liberty granted to them and the fine amount have

already been deposited. Learned counsel for the appellants further

submits that hearing of this appeal shall take considerably long time.

Under these circumstances, he prayed to suspend the jail sentence of

the appellants and grant bail.

On the other hand, learned State counsel opposed the prayer and

prayed for dismissal of the application for suspension of sentence.

Heard learned counsel for the parties at length and perused the

materials available on record.

In view of the aforesaid and considering the facts and

circumstances of the present case, without commenting upon the

merits of the case, it would be appropriate to accept the application of

the appellants.

Consequently, I.A.No.30860/2021 is hereby allowed.

If the appellants furnish bail bond in the sum of Rs.50,000/-

(Rupees Fifty Thousand Only) each with one surety each of the like

amount to the satisfaction of the trial Court, the remaining jail

sentence of the appellants shall remain suspended and they be released

on bail. The appellants are further directed to mark their appearance

before the Registry of this Court on 10.01.2022 and on subsequent

dates given by the office in this regard, till final disposal of this

appeal.

The High Court Of Madhya Pradesh CRA-6371-2021 (JALAM SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

The appellants are further directed to inform the SHO of

concerned police station about their residential address in the said area

and it would be the duty of the Public Prosecutor to send E-copy of

this order to SHO of concerned police station for information.

List the case for final hearing in due course.

E- copy of this order be sent to the Court below concerned for

compliance.

Certified copy/ e-copy as per rules/directions.

(Rajeev Kumar Shrivastava) Judge Monika

MONIKA SHARMA 2021.10.29 10:37:40 +05'30'