Harnath Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 9820 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 5550 of 2022 (HARNATH SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 18-07-2022 Ms. Indu Pandey, learned counsel for the appellants.

Mr. Ravindra Shukla, learned Panel Lawyer for the State. Heard on I.A. No.11933 of 2022 which is first application filed on behalf of the appellants for suspension of sentence and grant of bail.

By the impugned judgment, the appellant No.1 - Harnath Singh has

been convicted under Section 435 of the IPC and has been sentenced to undergo RI for two years with fine Rs.2,000/-. The appellant No.2- Govind Singh has been convicted for offences punishable under Sections 341, 325, 323 and 435 of the IPC and sentenced to undergo SI for one month; RI for one year (fine Rs.1,000/-); RI for six months (fine Rs.500/-) and RI for two years (fine Rs.2,000/-) with default stipulation. The appellant No.3- Dhyan Singh has been convicted for offence punishable under Section 435 of the IPC and sentenced to undergo RI for two years (fine Rs.2,000/-). The appellant No.4- Raviraj Singh has been convicted for offences punishable

under Sections 341, 325/34, 323/34 and 435 of the IPC and sentenced to undergo SI for one month; RI for one year (fine Rs.1,000/-); RI for six months (fine Rs.500/-) and RI for two years (fine Rs.2,000/-) with default stipulation.

Learned counsel for the appellants submitted that the maximum Signature Not Verified SAN sentence awarded to the appellant is two years only. The sentence of the Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.07.19 18:24:22 IST the appellants has been suspended by the trial Court till 24.07.2022. The

disposal of this appeal would take considerable time to conclude, therefore, the custodial sentence of the appellants may be suspended and they may be released on bail.

Learned Panel Lawyer has opposed the prayer for bail. Although the record is not received however, looking to the nature of offence and period of jail sentence awarded to the appellants, I deem it to be a fit case to suspend the custodial sentence of the appellants and to release them on bail, therefore, without commenting on the merit, this application is allowed.

It is directed that subject to depositing the fine amount, if not already

deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellants, namely; Appellant No.1- Harnath Singh; Appellant No.2- Govind Singh; Appellant No.3- Dhyan Singh; and Appellant No.4- Raviraj Singh shall remain suspended and they shall be released on bail for securing their presence before the trial Court concerned on 12.12.2022 and on such other dates as may be fixed in this regard during pendency of this appeal.

Let the record be called.

List the case after four weeks.

                                                                                        (SMT. ANJULI PALO)
Signature Not Verified
  SAN                                                                                         JUDGE

Digitally signed by KOUSHALENDRA
SHARAN SHUKLA
                                   ks
Date: 2022.07.19 18:24:22 IST