Sangramsingh vs The State Of Madhya Pradesh
2022 Latest Caselaw 1573 MP

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High Court of Madhya Pradesh : Bench At Indore
 BEFORE SINGLE BENCH : HON'BLE MR. JUSTICE VIVEK RUSIA

               Criminal Appeal No.1112/2022
     Sangram Singh & Other v/s The State of Madhya Pradesh
Indore, dated 03.02.2022
        Heard through Video Conferencing.
        Shri Nilesh Dave, learned counsel for the appellant.
        Ms. Archana Maheshwari, learned Panel Lawyer for the
respondent / State.

Let the record of Court below be requisitioned. Heard on I.A. No.1597/2022, which is first application under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of appellants.

The present appeal has been filed against the judgment of conviction and sentence dated 22.01.2022 passed by the Additional Sessions Judge, Garoth, District - Mandsaur in Sessions Trial No.100231/2015, whereby the present appellants have been convicted for the offences punishable under Sections 325/34m 323/34 and 452 of the Indian Penal Code and sentenced to undergo two years' rigorous imprisonment each along with fine of Rs.1,000/-, six months' rigorous imprisonment along with fine of Rs.500/- each and 2 years' rigorous imprisonment along with fine of Rs.1,000/- each respectively. With default clause to further undergo two months' one month's and two months' rigorous imprisonment each respectively.

Learned counsel for the appellant submits that the learned trial Court has not properly appreciated the evidence came on record and material omissions and contradictions have been overlooked. The appeal is likely to take considerable time for its final hearing and if his custodial sentence is not

suspended, the application may be rendered infructuous. The jail sentence of the appellant has been suspended by the trial Court till 22.02.2022. He, therefore, prayed that the custodial sentence of the appellant be suspended and he be released on bail.

Learned Panel Lawyer for the respondent / State opposes the application. However, she did not dispute that the jail sentence of the appellants has been suspended by the trial Court till 22.02.2022.

Taking into consideration the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, this Court is of the considered opinion that the present application deserves to be allowed. Accordingly, I.A. No.1597/2022 is allowed.

The execution of remaining jail sentence of all the appellants is hereby suspended and it is ordered that the appellants be released on bail on their furnishing a personal bond for a sum of Rs.40,000/- (Rupees Forty Thousand Only) each with one solvent surety each of the like amount to the satisfaction of the trial Court and subject to depositing the fine amount (if not already deposited) with a further direction to appear before the Registry of this Court on 26.09.2022 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

Certified copy, as per rules.

(VIVEK RUSIA) JUDGE Ravi Digitally signed by RAVI PRAKASH Date: 2022.02.04 10:57:12 +05'30'