Manish Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 986 MP

The High Court Of Madhya Pradesh CRA No. 7454 of 2021 (MANISH SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 20-01-2022 Heard through Video Conferencing.

Mr. Anil Khare, learned Senior Advocate with Mr. Pranjul Diwakar and Mr. Sahil Sharma, learned counsel for the appellants.

Mr. C.L. Sethi, learned Panel Lawyer for the State. Mr. Anuj Singh, learned counsel for the objector. Heard on admission.

The appeal seems arguable, therefore, admitted for hearing. Record of Court below is available.

Considered I.A. No.21854/2021, which is first application under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellants - Manish Singh and Vijay Bhadur @ Dadan Singh.

Vide impugned judgment dated 24.11.2021 passed by Vth Additional Sessions Judge, Sidhi in S.T. No.177/2011 the appellant No.1 - Manish Singh has been convicted for offences under Sections 307 r/w 34, 324 r/w 34, 323 and 452 of IPC and sentenced to undergo R.I. for 3 years, 1 year, 6 months

and 1 year with fine of Rs.500/-, Rs.500/-, Rs.500/- and Rs.500/- respectively with default stipulations. Appellant No.2 - Vijay Bhadur @ Dadan Singh has been convicted for offences under Sections 307 r/w 34, 324 r/w 34 and 323 r/w 34 of IPC and sentenced to undergo R.I. for 3 years, 1 year and 6 months with fine of Rs.500/-, Rs.500/- and Rs.500/- respectively with default stipulations.

Learned Senior Advocate for the appellants submitted that the appellants are innocent and have been falsely implicated in the case. Final disposal of the appeal would take considerable time. Therefore, prayer has been made to suspend the sentence of appellants.

Learned Panel Lawyer and counsel for the objector have strongly opposed the prayer for bail and suspension of sentence.

Looking to the overall facts and circumstances of the case and considering that the role of the present appellants is different from the main accused - Satyawan Singh who has caused gun shot injuries to the victim and other persons, without commenting on merits of the case, the application is allowed.

It is directed that on depositing fine amount, if not already deposited, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with surety in the like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellants - Manish Singh and Vijay Bhadur @ Dadan Singh shall remain suspended during the pendency of this case and they be released on bail.

It is made clear that appellants shall not involve in any kind of offence with the complainants, failing which this order shall immediately become ineffective without further reference to this Court.

The appellants shall appear before the concerned trial Court on 05.05.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A. No.21854/2021 stands disposed of. List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2022.01.21 17:06:57 IST