Kartar Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 1445 MP

The High Court Of Madhya Pradesh CRA No. 5259 of 2021 (KARTAR SINGH Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 01-02-2022 Heard through Video Conferencing.

Shri Mukesh Sharma, learned counsel for the appellant. Perused the impugned judgment.

Heard on IA No.32749/2021 under Section 389(1) of CrPC filed on behalf of appellant for suspension of sentence and grant of bail.

Appellant has been convicted under Sections 489-(kha), 489(ga) of

IPC and Sec. 25(1-kha)(ka) of Arms Act and sentenced to undergo seven years R.I., five years R.I. and 2 years R.I. with fine of Rs.6600/-, 2400/- and 1000/- respectively with default stipulation.

It is submitted that he has been convicted under Sections 489 of IPC in which maximum conviction is of seven years. During trial, he has remained under custody from 22.10.2017 to 05.09.2020. It is further contended that the appellant is in custody since from the date of judgment i.e. 25.08.2021. The fine amount has already been deposited. Disposal of the appeal will take some time. It is further submitted that looking to the present scenario of COVID-19

and in terms of the guidelines issued by the Hon'ble Supreme Court, he prays for suspension of sentence.

On the other hand, the application is opposed by the Counsel for the State.

Considering the facts and circumstances of the case as well as considered the fact that the jail sentence of the appellants has been suspended by the Trial Court, IA No.32749/2021 is allowed. On depositing the fine amount (if not deposited by the appellants), the remaining execution of jail sentence of appellants No. 1 to 4 shall remain suspended and they shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand) each to the satisfaction of trial Court for their appearance before the Registry of this Court on 13th July, 2022 and on

all other subsequent dates as may be fixed by the office.

Certified copy/ E-copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

(LJ*)

LOKENDRA JAIN 2022.02.01 16:42:07 +05'30'