Kaptansingh vs The State Of Madhya Pradesh
2022 Latest Caselaw 860 MP

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          THE HIGH COURT OF MADHYA PRADESH

                         Cr.A. No.398/2022
                (Kaptansingh & Ors. Vs. State of M.P.)
Gwalior, Dated:-18/01/2022
      Matter is heard through video conferencing.

      Shri Anil Jha, learned counsel for the appellants.

      Shri Sangam Jain, learned Public Prosecutor for the

respondent/State.

Let record of the Court below be called for, if already not

called.

Appeal being arguable is admitted for final hearing.

Heard on I.A.No.492/2022, first application under

Section 389 of Cr.P.C. for suspension of jail sentence moved on

behalf of appellants, namely, Kaptansingh, Jagman @ Pappu

Rawat, Ravi and Akhilesh.

This criminal appeal has been filed against the judgment dated

31/12/2021 passed by First Additional Sessions Judge, Dabra Distt.

Gwalior (M.P.) in ST No.145/2014 by which appellants have been

convicted under Section 325 of IPC and sentenced to undergo one

year RI each with fine of Rs.1,000/- each and appellants No. 2 & 3-

Jagman @ Pappu Rawat, Ravi have also been convicted under

Section 323 of IPC and sentenced to undergo one month RI each

with fine of Rs.250/- each with default stipulations.

It is submitted by the learned counsel for appellants -

Kaptansingh, Jagman @ Pappu Rawat, Ravi and Akhilesh that

this is the first application for suspension of sentence on behalf of the

THE HIGH COURT OF MADHYA PRADESH

appellants. Appellants have wrongly been convicted & sentenced by

the trial Court. There are lots of contradictions and omissions in the

evidence of the prosecution witnesses. It is also submitted that fine

amount has already been deposited by the appellants. Final hearing

of this appeal shall take considerably long time. Therefore,

considering the short period of sentence, learned counsel prays to

suspend the jail sentence of the appellants.

Learned State counsel has vehemently opposed the

submissions

and prayed to reject the application for suspension of sentence.

Heard learned counsel for the parties and perused the

documents available on record.

Considering the arguments advanced by learned counsel for

the parties along with facts and circumstances of the case as well as

short period of sentence awarded by the trial Court, without

commenting on merits of the case, I.A. No.492/2022 is hereby

allowed. Subject to depositing of fine amount, if not already

deposited, and on furnishing personal bond of Rs.50,000/- (Rupees

Fifty Thousand only) each with one solvent surety each of the like

amount to the satisfaction of the concerned Court, the remaining jail

sentence of appellants - Kaptansingh, Jagman @ Pappu Rawat,

Ravi and Akhilesh shall remain suspended and they be released on

bail. The appellants are further directed to mark their appearance

before the Office of this Court on 11/04/2022 and on subsequent

THE HIGH COURT OF MADHYA PRADESH

dates given by the Office in this regard, till final disposal of this

appeal.

List the case for final hearing in due course.

Let a copy of this order be sent to the Court below concerned

for information.

Certified copy/ e-copy as per rules/directions.

(Rajeev Kumar Shrivastava) Judge Shubhankar*

Digitally signed by SHUBHANKAR MISHRA Date: 2022.01.18 17:45:29 +05'30'