Visvveer Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 1164 MP

                 The High Court of Madhya Pradesh
                 Criminal Appeal No. 520/2022
             (Vishwaveer Singh Vs. State of MP)

                                 1

Gwalior, dated 25.1.2022
      Heard through video conferencing.
      Shri Prem Singh Bhadoria, learned counsel for the
appellant.
      Smt. Abha Mishra, learned Public Prosecutror for the
respondent/State.

The appeal being arguable is admitted for final hearing. I.A. No. 695/2022, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

Also, heard on I.A.No.697/2022, first application under Section 389 (1) of CrPC for suspension of sentence on behalf of the appellant.

Appellant Vishwaveer Singh has been convicted and sentenced as under:-

Conviction     Act Imprisonment Fine            Imprisonment in
under Sections                                  lieu of fine
419               IPC one year         1000/-   one month R.I.
420               IPC three years      3000/-   three months R.I.
467               IPC seven years      5000/-   one year R.I.
468               IPC five years       5000/-   six months R.I.

It is submitted by learned counsel for the appellant that the trial Court has wrongly convicted the appellant without properly appreciating the evidence on record. The impugned judgment passed by the trial Court is arbitrary and unlawful and deserves to be set aside. It is further submitted that the appellant has suffered total four years and ten months of custody out of total jail sentence of seven years. Hence, prayed to suspend the jail The High Court of Madhya Pradesh Criminal Appeal No. 520/2022 (Vishwaveer Singh Vs. State of MP)

sentence of the appellant.

Per contra, learned State counsel has opposed the application.

Looking to the period of custody i.e. four years and ten months as well the facts and circumstances of the case, without commenting on merits of the case, subject to verification of deposition of fine amount, I.A. No. 697/2022 is allowed and it is directed that on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lakh Only) with one surety in the like amount to the satisfaction of the trial Court, jail sentence of appellant shall remain suspended till disposal of this appeal and he be released on bail.

The appellant is further directed to mark his appearance before the Registry of this Court on 04/4/2022 and on subsequent dates as may be given by the Registry for the same purpose in future.

Certified copy as per rules.

ALOK KUMAR 2022.01.27 12:03:01 +05'30' 11.0.8 (Rajeev Kumar Shrivastava) AKS Judge