Santosh vs The State Of Madhya Pradesh
2022 Latest Caselaw 7749 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                             CRA No. 621 of 2019
                (SANTOSH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 14-06-2022
       Shri Prabal Pratap Singh Solanki, counsel for the appellants.

       Shri Ravindra Singh Kushwah, Dy.             Advocate General for the
respondent/State.

Heard on I.A. No.3348/2022, third application under Section 389 of Cr.P.C. moved on behalf of appellant No.3-Mohar Singh for suspension of sentence and grant of bail. First and second suspension applications were

dismissed as well as withdrawn.

Appellant No.3- Mohar Singh vide judgment dated 31/12/2018 passed by the trial Court in Sessions Trial No.64 of 2009 has been convicted under Section 194 of IPC and sentenced to undergo ten years rigorous imprisonment with fine of Rs.1,000/- with default stipulation.

It is submitted by counsel appearing on behalf of appellant No.3 Mohar Singh that the appellant No.3 Mohar Singh is in custody since date of passing of impugned judgment i.e. 31/12/2018 and he has already suffered near about half of the jail sentence awarded by the Trial Court. There is no criminal

antecedent against the appellant. Final disposal of the appeal will take some considerable time. The appellant is ready to abide by any condition which may be imposed by this Court while suspending the remaining part of jail sentence of the appellant. Hence, prayed for grant of bail to the present appellant.

Learned State counsel opposed the application and prayed for its rejection.

Perused the record of the trial Court as well as arguments of the parties.

Considering the arguments advanced by learned counsel for the parties as well as facts and circumstances of the case, coupled with the fact that the appellant has already suffered near about half of the jail sentence awarded by the trial Court and final disposal of the appeal will take some time, without commenting on merits of the case, the I.A. is hereby allowed. Subject to depositing of fine amount (if not already deposited) and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lac only) with a solvent surety of like amount to the satisfaction of concerned trial Court, the remaining jail sentence of the appellant No.3 Mohar Singh shall remain suspended and he be released on bail. Appellant No.3 Mohar Singh is further directed to mark his appearance

before the Registry of this Court on 18th July, 2022 and on other subsequent dates as may be given by the Office in this regard till final disposal of this appeal.

Certified copy as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

MKB

Digitally signed by MAHENDRA BARIK Date: 2022.06.15 18:15:35 +05'30'