Mangal Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 6191 MP

                                                                         1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                  CRA No. 8223 of 2021
                                                        (MANGAL SINGH Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 26-04-2022
                                         Shri Mithilesh P. Tripathi, learned counsel for the appellant.

                                         Shri Y. D. Yadav, learned Government Advocate for the respondent/State.

Trial Court record has been received.

Heard on admission.

Prima facie, this appeal seems to be arguable. Hence, admitted for final hearing.

Heard on I.A.No. 23757/2021, application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail pending the appeal.

T he appellant has been convicted for commission of offence punishable under Section 326 of IPC and has been sentenced to undergo 4 years RI and fine o f Rs.1000/- with default stipulations by Sessions Judge, Burhanpur vide judgement dated 22.12.2021 passed in S.T. No.61/2018 (State of M.P Vs. Mangal Singh and others).

Learned counsel for the appellant has submitted that appellant is in jail from the date of judgment and prior to that he had suffered incarceration for a period of

30 days. He has no criminal antecedents. Only single injury was caused on the person on injured and injured was hospitalized only for a period of four days though Doctor has referred that injury as grievous in nature but there is no evidence to prove that injury was grievous in nature. It was simple case of 324 of IPC. Prosecution witnesses have not fully supported the prosecution case. He has fair chances to succeed in appeal. He shall abide by all the conditions whatsoever, imposed by the Court. Therefore, it has been prayed that appellant be released on bail and his jail sentence be suspended.

O n the other hand, learned Government Advocate has opposed the application for grant of bail to appellant.

Having taken into consideration the period of incarceration undergone by the Signature Not Verified SAN appellant so far, evidence of Doctor (P.W.4) and other material on record, without expressing any opinion on merit of the case, I deem it proper to suspend the Digitally signed by DEEPA MISHRA Date: 2022.04.26 17:11:04 IST

remaining jail sentence of the appellant.

Consequently, I.A.No.2375/2021 is allowed. The execution of jail sentence o f appellant- Mangal Singh is hereby suspended subject to depositing of the fine amount, (if not already deposited). It is directed that appellant be released

on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of t h e trial court with a further direction to appear before the trial Court on 15.09.2022 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this appeal for final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified SAN

Digitally signed by DEEPA MISHRA Date: 2022.04.26 17:11:04 IST