Lal Singh @ Pratipal Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 8285 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                            CRA No. 3521 of 2022
             (LAL SINGH @ PRATIPAL SINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 22-06-2022
      Shri Surendra Singh, learned senior counsel with Shri O.P. Agnihotri and

Ms. Sonali Shrivastav, learned counsel for the appellant.
      Shri S.K. Kashyap, learned G.A. for the respondent/State.

Heard on I.A. No.10342/2022 for suspension of sentence is taken up. The appellant has been convicted for offence punishable under Sections 394 of IPC and sentenced to undergo R.I. for 7 years with fine of Rs.1,000/-,

364 (A) of IPC and to undergo R.I. for life with fine of Rs. 2,000/-, 171(F) and to undergo R.I. for six months with default stipulations.

Learned senior counsel by taking this court to the prosecution story submits that as per the allegations the appellant on 09.01.2015 forcibly took the complainant with him and demanded ransom. However, P.W-1 entered the witness box and did not depose anything about demand of ransom etc. In absence of any evidence whatsoever the court below has committed an error of law in convicting the appellant for committing offence 364-A of IPC. It is further pointed out that as per the prosecution story the complainant was

forcibly taken on a point of a country made pistol whereas Para 68 of the impugned judgment shows that no allegation of having pistol was proved against the appellant. The appellant remained in custody for about 2 years during trail. After judgment again he is in custody.

Shri Surendra Singh, learned Sr. counsel for appellant further submits that no articles were produced before the court below to establish any such article of complainant was found from the possession of the appellant. The

mobile phone was owned by the complainant was also not established. The final hearing of this appeal will take time. Therefore, remaining jail sentence of the appellant may be suspended.

The prayer is opposed by Shri Kashyap learned G.A. by submitting that the statement of Dr. (PW-18) shows that on examination of complainant certain injuries were found which were caused by hard and blunt object.

Considering the aforesaid argument and the record, prima facie it appears that the complainant has not deposed about ransom. Accordingly, without expressing any opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of this appellant-Lal Singh @ Pratipal

Singh. Accordingly, I.A. No 10342/2022 is hereby allowed.

It is directed that appellant-Lal Singh @ Pratipal Singh be released on bail on his furnishing personal bond in the sum of Rs.50,000/-(Rs. Fifty Thousand) alongwith one surety in the like amount to the satisfaction of the trial Court with a further direction to appear before the trial court Bijawar District Chhaterpur for his appearance on 21.11.2022 and on such further dates as are given to him by this Court during the pendency of this appeal.

C.C. as per rules.

                                        (SUJOY PAUL)                                 (PRAKASH CHANDRA GUPTA)
                                           JUDGE                                              JUDGE

                                      Akm




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Date: 2022.06.22 16:36:01 IST