Pran Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 392 MP

                                    1                              CRA-9160-2019
        The High Court Of Madhya Pradesh
                 CRA No. 9160 of 2019
               (PRAN SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 07-01-2022
       Shri Shafiqullah, learned counsel for the appellants.

       Shri Pankaj Raj, learned Panel Lawyer for the respondent/State.

Heard on I.A.No.62/2022, which is an application for suspension of sentence and grant of bail to the appellant No.1-Pran Singh.

The present appeal has been preferred under Section 374(2) of the Cr.P.C. by the appellant No.1-Pran Singh against impugned judgment dated

16/10/2019 in S.T.No. 360/2016 passed by First Additional Sessions Judge, Bina, District-Sagar (M.P.), whereby the appellant No.1 has been convicted for the offence punishable under Sections 307/34 of I.P.C and sentenced to undergo R.I. for 5 years and fine amount of Rs.20,000/- with usual default stipulation.

Learned counsel for the appellants submits that the custodial sentence of the appellant No.2 has already been suspended by this Court, vide order dated 21/12/2021 and case of the appellant No.1 is similar to him. It is also submitted that the appellant No.1 has already suffered more than 50% of the

custodial sentence and there is no possibility of final hearing of the appeal in near future. Hence, he prayed for suspension of custodial sentence and grant of bail to appellant No.1-Pran Singh.

Learned Panel Lawyer has vehemently opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case coupled with the fact that the appellant No.1 has already suffered more than 50% of the custodial sentence, IA No. 62/2022 is allowed.

I t is directed that subject to payment of fine amount, if not already deposited, execution of jail sentence of appellant No.1-Pran Singh shall remain suspended during pendency of this appeal and he be released on bail on his furnishing a personal bond for the sum of Rs.50,000/- (Rupees Fifty 2 CRA-9160-2019 Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 21.03.2022 and thereafter on all the subsequent dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

List this case for final hearing in due course. Certified copy/e-copy as per rules/direction.

(ARUN KUMAR SHARMA) JUDGE

skt

Signature Not Verified SAN

Digitally signed by SANTOSH KUMAR TIWARI Date: 2022.01.07 17:40:31 IST