Shivveer Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 5945 MP

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              The High Court of Madhya Pradesh
                                                            Cr.A.No.3674/2022

                     (Shivveer Singh Vs. State of M.P.)
Gwalior dated 22.4.2022
       Shri Amit Goswami, learned counsel for the appellant.
       Shri Shiraz Qureshi, learned Public Prosecutor for the
respondent/State.

Heard on admission.

Appeal being arguable is admitted for final hearing.

Record of the trial Court be called.

Also heard on IA.No.6428/2022, first application u/Sec. 389(1) of

Cr.P.C. for suspension of sentence and grant of bail filed on behalf of

appellant- Shivveer Singh.

Vide judgment dated 12.4.2022 passed by the First Additional

Sessions Judge, Dabra, Distt. Gwalior, in S.T.No.73/2016 appellant has

been convicted under Sections 420 and 471 of IPC and sentenced to

undergo three years RI with fine of Rs.5,000/- and two years RI with

fine of Rs.2,000/- respectively with default stipulation.

It is submitted by learned counsel for the appellant that during

trial appellant was on bail, but he did not misuse the liberty so granted.

During trial, he suffered incarceration from 31.10.2015 to 16.1.2016 and

from 5.4.2022 to 12.4.2022 and after trial since 12.4.2022 he is in

custody. Appellant is 65 years of age. He has a good case on merit. Final

hearing of the appeal will take time. Therefore, prayer for suspension of

sentence has been made.

Learned counsel for the State opposed the application and prayed

for its rejection.

The High Court of Madhya Pradesh Cr.A.No.3674/2022

Considering the facts and circumstances of the case, but without

commenting upon merits of the case, IA.No.6428/2022 is allowed and it

is directed that jail sentence of appellant- Shivveer Singh will remain

under suspension subject to verification that amount of fine has been

deposited, on appellant's furnishing bail bond of Rs.50,000/- (Rupees

Fifty Thousand Only) with one solvent surety of the like amount to the

satisfaction of concerned Trial Court for his appearance before the

Principal Registrar of this Court on 29th August, 2022 and on such

further dates as may be fixed by the office in this regard till disposal of

the appeal.

C.c. as per rules.

(Deepak Kumar Agarwal) Judge ms/-

MADHU SOODAN PRASAD 2022.04.22 16:51:26 +05'00'