Elamsingh vs The State Of Madhya Pradesh
2022 Latest Caselaw 1768 MP

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        The High Court Of Madhya Pradesh
                  CRA No. 786 of 2022
              (ELAMSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Indore, Dated : 08-02-2022
       Shri Bhavishya Sharma, learned counsel for the appellants.

       Shri Gopal Yadav, learned Panel Lawyer for the respondent/ State.

Heard through Video Conferencing.

Appeal is admitted for hearing.

Further, heard on IA No.1122/2022 which is an application for suspension of sentence and grant of bail filed on behalf of appellants - Elam

Singh and Fateh Singh.

Appellant no.1 - Elam Singh has been convicted for the offence punishable under Section 341 and 326 of IPC and sentenced to undergo R.I. for 01 month and 03 years with fine of Rs.100/- and Rs.3000/- with default stipulation and appellant no. 2 -Fateh Singh has been convicted u/S 341 and 326 r/W 34 of IPC and sentenced to undergo R.I. for 01 month and 03 years with fine of Rs. 100/- and Rs. 3,000/- respectively vide judgment dated 05.01.2022 passed by Sessions Judge, District-Shajapur (MP) in S.T. No.70/2018.

Learned counsel for the appellants submits that allegations against the present appellants is that on the petty issue of usage of private way, they have hurled filthy abuses and thereafter appellant no. 1 - Elam Singh assaulted the injured/complainant with sword causing grievous injuries on his left hand wrist. Court below has wrongly convicted the appellants and has not properly appreciated the evidence. Moreso, a cross-case bearing crime No. 67/2018 at the same police station was registered on the same day by the appellants against complainant party which is apparent from the statements of the prosecution witnesses. The disposal of appeal will take a long time, hence, prayed for suspension of execution of jail sentence.

The prayer is opposed by Public Prosecutor for the respondent/State. Having heard learned counsel for the parties and on perusal of the

record, I.A. is allowed and it is directed that subject to depositing the fine amount, if already not deposited, they shall be released on bail on furnishing personal bond for the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) each with separate surety bond in the like amount to the satisfaction of the Trial Court for their appearance before the Registry of this Court on 08.03.2022 and on subsequent dates as may be fixed by the Registry of this

Court, the appellant be released on bail and the substantive sentence under appeal shall remain suspended.

Accordingly, the IA No.1122/2022 stands disposed of. List this appeal for final hearing in due course along with record. Certified copy as per Rules.

(SATYENDRA KUMAR SINGH) JUDGE

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SEHA Digitally signed by SEHAR HASEEN DN: c=IN, o=HIGH COURT OF

R MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=900ec6fc757798eaeb3df7a 32860bd3298415a4d1c2d91436213f

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EN HASEEN Date: 2022.02.09 10:38:01 +05'30'