Bharat Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 16971 MP

                    HIGH COURT OF MADHYA PRADESH
                      1
                                                  Cr.A. No.9140/2022
                            (Bharat Singh and others Vs. State of M.P.)

Gwalior Bench Dated 20.12.2022
      Ms. Ayushi Vyas and Jitendra Sharam, learned counsel for the
appellant.
      Shri Kuldeep Singh, learned Public Prosecutor for the
respondent/State.

Heard on I.A. No.15821/2022, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail on behalf of appellant No.7 namely Ankit.

This criminal appeal assails the judgment dated 18.08.2022 passed by Additional Sessions Judge, Vidisha in Trial No. 19/2015 whereby appellant No.7 has been convicted as under:

      Sections              Imprisonment                 Fine
   147 of the IPC            1 Year R.I.        Rs.500/- with default
                                                stipulation.
   148 of the IPC            2 Year R.I.        Rs.1000/- with default
                                                stipulation.
   341 of the IPC           1 month R.I.        Rs.100/- with default
                                                stipulation.
323/149 of the IPC           1 Year R.I.        Rs.500/- with default
                                                stipulation.
324/149 of the IPC           3 Year R.I.        Rs.2000/- with default
    (five counts)                               stipulation.
307/149 of the IPC          10 Year R.I.        Rs.5000/- with default
                                                stipulation.
                    HIGH COURT OF MADHYA PRADESH

                                                 Cr.A. No.9140/2022

(Bharat Singh and others Vs. State of M.P.)

It is the submission of learned counsel for the appellant that the trial Court erred in convicting and awarding jail sentence without appreciating the evidence and materials available on record. Learned counsel referred the testimony of complainant Dharam Singh (PW-1) and injured witness Roop Singh (PW-11) to bring home the fact as well as factual evidence that role of the appellant No. 7- Ankit was confined to presence only and in fact throughout prosecution story, role of appellant No.7 is of presence only. No role of appellant No.7 is attributable so far as inflicting injuries which would had been dangerous to life in normal course of nature. Appellant No.7 has already suffered four and a half month of incarceration. Fine amount has already been deposited. Appellant No.7 has good case on merits and early hearing of appeal is bleak possibility. Learned counsel fairly submits that if appellant No.7 is released on bail then he shall abide by all conditions imposed by this Court. Thus, prayed for suspension of sentence and grant of bail.

Learned Public Prosecutor for the State opposed the application and prayed for its dismissal.

Considering the overall facts and circumstance of the case, without commenting on the merits of the case as there is no possibility of early hearing of this criminal appeal before this Court, hence, I.A. No.15821/2022 is allowed subject to deposit of fine amount and it is ordered that on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to HIGH COURT OF MADHYA PRADESH

Cr.A. No.9140/2022 (Bharat Singh and others Vs. State of M.P.)

the satisfaction of the concerned trial Court, jail sentence of appellant No.7 shall remain suspended till disposal of this appeal and he be released on bail. The appellant No.7 is further directed to remain present before the Registry of this Court on 06.02.2023 and, thereafter, on such subsequent dates as may be fixed by the Registry.

It is made clear that the appellant No.7 shall not be a source of embarrassment or harassment to the complainant party in any manner.

I.A. No.15821/2022 stands allowed and disposed of. Let record of the courts below be called for. Copy of this order be sent to the trial Court concerned for compliance.

(Anand Pathak) Judge Vishal

RASHID KHAN 2022.12.21 11:09:49 +05'30'