Suresh Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 1389 MP

                     The High Court Of Madhya Pradesh
                            CRA No. 261 of 2022
                     (SURESH SINGH Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 31-01-2022
      Heard through Video Conferencing.

      Shri Arubendra Singh Parihar, learned counsel for the appellant.

      Shri Harsh Gupta, learned Public Prosecutor for the respondent/State.

Heard on admission.

Learned Public Prosecutor accepts notice on behalf of the respondent.

Admit.

Also heard on I.A. No.1074/2022, which is an application filed under Section

389 (1) of Cr.P.C. for suspension of sentence and grant of bail to appellant Suresh

Singh.

This criminal appeal is directed against the judgment dated 29.10.2021

passed in S.T. No.400051/2013 by the Second Additional Sessions Judge, Satna,

District Satna; whereby the appellant has been convicted under Section 474 of IPC

and sentenced to undergo R.I. for 4 years with fine of Rs.1,000/-, in default to

suffer R.I. for 3 months.

Learned counsel for the appellant submits that the learned trial Court has

erred in appreciating the evidence on record. The appellant was on bail during trial

and he did not misuse the liberty so granted. The fine amount has already been

deposited by him on 29.10.2021. An early hearing of this appeal is not possible and

owing to COVID-19 outbreak, detention of appellant in already congested prisons

may be detrimental. There are fair chances of success of this appeal. The appellant

is ready to abide by the terms and conditions as may be imposed by this Court.

With the aforesaid submissions, prayer for suspension of sentence is made.

The prayer is opposed by the learned Public Prosecutor.

Taking into consideration the facts and circumstances of the case, I.A.

No.1074/2022 is allowed.

It is, therefore, directed that if appellant deposits the entire fine amount, if

not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-

(Rupees fifty thousand) with a solvent surety in the like amount to the satisfaction

of trial Court for his appearance before the Registry of this Court on 25th March, 2022 and on such subsequent dates as may be fixed in this regard, sentences of

imprisonment awarded to him shall remain suspended till further orders and he

shall be released on bail. The appellant shall furnish a written undertaking that he

will abide by the terms and conditions of various circulars, as well as, orders issued

by the Central Government, State Government and local administration from time

to time such as maintaining social distancing, physical distancing, hygiene etc. to

avoid proliferation of Corona virus.

List this case for final hearing in due course.

A copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.

(S. A. DHARMADHIKARI) JUDGE

vc VARSHA CHOURASIYA 2022.01.31 17:29:23 +05'30'