Bhana @ Bhan Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 8902 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 4196 of 2022 (BHANA @ BHAN SINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 04-07-2022 Mr. Vidya Prasad, learned counsel for the appellant.

Ms. Pushpanjali Dwivedi, learned Panel Lawyer for the State. Heard on the question of admission.

The appeal is admitted for hearing.

Considered I.A.No.7878/2022, which is an application for suspension of sentence and grant of bail on behalf of appellant- Bhana @ Bhan Singh.

By the impugned judgment dated 14.03.2022 passed by learned Special Judge under the MP Daketi Avam Vyapharan Prabhavit Kshetra Adhiniyam, Satna in SC DOCT 25/2019 whereby the appellant has been convicted by the trial Court under Section 395 of the IPC and sentenced to R.I for 5 years with fine of Rs.5,000/- with default stipulation.

Learned counsel for the appellant has submitted that the trial Court has n o t properly appreciated the oral and documentary evidence available on record. The test identification parade was conducted after inordinate delay. There is recovery from the appellant only for a meagre amount and there is no

material evidence against the appellant. The appellant is in custody for about three years and disposal of this appeal would take considerable time, therefore, the jail sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer has opposed the application. Signature Not Verified SAN Heard learned counsel for the parties and perused the record.The Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.07.04 18:32:08 IST appellant has been sentenced to undergo RI for five years. From perusal of

paragraph 90 of the impugned judgment, it is apparent that the accused persons are in custody since June-July, 2019 i.e. till now the appellant has already undergone custody for about three years. Hence, keeping in view the custody period of the appellant as also other facts and circumstances of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant namely Bhana @ Bhan Singh shall remain suspended and he shall be released on bail for securing his

presence before the trial Court concerned on 10.11.2022 and on such other dates as may be fixed in this regard. It is made clear that if the appellant is found involved in similar offence in future, this order of suspension shall stand ineffective.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.07.04 18:32:08 IST