Sultan Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 17143 MP

1                           Cr.A.No.10116/2022
               (Sultan Singh and another Vs. State of M.P.)

Indore : Dated 29.12.2022
      Shri R.R.Bhatnagar, learned counsel for the appellants.
      Shri   Kapil   Mahant,      learned    Panel     Lawyer   for   the
respondent/State.

Heard on I.A.Nos.15645/2022, first application for grant of suspension of sentence filed on behalf of appellant.

The trial Court has convicted the appellant under Section 307/34 of IPC and sentenced to undergo five years' RI with fine of Rs.2,000/-, with default stipulation, vide judgment of conviction and order of sentence dated 31.10.2022 passed by Addl.Sessions Judge, Alot, District Ratlam in Special S.T.No.14/2017.

Learned counsel for the appellant submits that complainant (PW-3) in para 4 of his cross-examination admitted that prior to the incident, he took appellant's sister because he wanted to marry with her. FIR was lodged against him and he wanted to compromise with the appellant in the aforesaid matter. He further submits that complainant in his FIR specifically stated that incident took place in the night and he saw the appellant alongwith other co-accused person, when his nephew came near the spot and throw light of his torch on the appellant. Statement of the complainant (PW-9) and his nephew Kamal (PW-5) are inconsistent on the point of incident. Injuries found on the body of the complainant were simple in nature. Doctor, who medically examined and treated the complainant did not specifically state in his statement that injury found on the body of the complainant

(Sultan Singh and another Vs. State of M.P.)

was dangerous to life. Appellant has been implicated only on the basis of suspicion. Offence under Section 307 of IPC is not made out in the matter. Co-accused has been enlarged on bail. Appellant was on bail during trial and he has not misused the liberty granted to him. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of the bail to the appellant.

Learned counsel appearing for the respondent/State has opposed the prayer.

Having considered the rival submissions, material pointed out by learned counsel for the appellant, nature of injuries found on the body of the complainant, co-accused has been granted bail by this Court and also considering the fact that there was prior enmity between the parties, there is no likelihood of hearing of appeal in near future, but without expressing any opinion on merits of the case, the application I.A.No.15645/2022 is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 9.5.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

(Sultan Singh and another Vs. State of M.P.)

I.A.No.15645/2022 is allowed.

List for admission alongwith record.

C.C. as per rules.

(Satyendra Kumar Singh) Judge

Patil

Digitally signed by SHAILESH PATIL Date: 2022.12.30 11:08:12 +05'30'