Sultan Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 16213 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                        CRR No. 4408 of 2022
                                               (SULTAN SINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 07-12-2022
                                  Shri Deepak Kumar Gupta - Advocate for the petitioner.

                                  Shri Purushottam Tanwar - Panel Lawyer for the respondent/State.

Heard on the question of admission.

This criminal revision appears to be arguable, hence, it is admitted for final hearing.

Record of the court below has already been received.

Also heard on I.A. No.17851/2022, which is first application u/S.397(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the petitioner.

The revision has been preferred by the petitioner under Section 397/401 o f the Cr.P.C. against the impugned judgment dated 15/11/2022 in Cr.A. No.317/2022 passed by 9th Additional Sessions Judge, Gwalior (M.P.) modifying the judgment of conviction and sentence dated 01/07/2022 passed in RCT Case No.6915505/2007 by Judicial Magistrate First Class, Gwalior convicting the petitioner for the offence punishable under Section 420, 471 of

IPC and sentencing him to undergo rigorous imprisonment of one year, six months of rigorous imprisonment and fine of Rs.1000/- respectively, with default stipulations.

Learned counsel for the petitioner argued that the petitioner has falsely been implicated in the case. It is further argued that there are omissions and contradictions in the evidence of the prosecution witnesses. Learned lower appellate Court has convicted the petitioner for rigorous imprisonment for one Signature Not Verified Signed by: MONIKA SHARMA Signing time: 08-12-2022 10:30:30 AM

year and the petitioner has already suffered more than two months of incarceration out of total awarded jail sentence of one year. It is also submitted that co-accused Satypal @ Satyveer has already been granted suspension of sentence by this Court. There are fair chances of success of this revision. There is no possibility of hearing of this revision in near future. Under these circumstances, the execution of sentence be suspended and he be released on bail.

On the other hand, learned counsel appearing on behalf of the respondent/State opposes the application for suspension of sentence and grant of bail filed on behalf of the petitioner and prayed for its rejection.

Keeping in view the facts & circumstances of the case, but without commenting on merit of the case, I.A. No.17851/2022 is allowed. The execution of remaining jail sentence of petitioner is hereby suspended subject to deposit of the entire fine amount, if not already deposited, and on furnish personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with two local solvent sureties in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 10th of January, 2023 and on such subsequent dates as may be fixed in this regard till final disposal of this revision.

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

(SUNITA YADAV) JUDGE

Monika

Signature Not Verified Signed by: MONIKA SHARMA Signing time: 08-12-2022 10:30:30 AM