Captain @ Jaipal Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 6817 MP

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                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                    CRA No. 1558 of 2020
                                      (CAPTAIN @ JAIPAL SINGH Vs THE STATE OF MADHYA PRADESH)

                      Dated : 06-05-2022
                            Shri Siddhant Kochar, learned counsel for the appellants.

                            Shri D.K. Paroha, learned Government Advocate for the respondent/ State.

Heard on IA No.21810/2021, for suspension of sentence and grant of bail to the appellant Captain @ Jaipal Singh is taken up.

Appellant has been convicted under Section 302 r/w Section 149 of IPC and sentenced to undergo life imprisonment with fine of Rs.1,000/- and Section 148 of

IPC and sentenced to undergo rigorous imprisonment for one year with fine of Rs.1,000/- with default stipulation.

Learned counsel for this appellant submits that this appellant has been falsely arraigned by the prosecution. His name does not find place in the dehati nalsi and FIR. His name was not taken in the statement recorded under Section 161 of Cr.P.C. of PW/1-Ramesh, PW/2-Parwati & PW/3-Heerabai. By taking this Court to the statement of the daughter of the deceased PW/2-Parwati, learned counsel for the appellant submits that the cross-examination makes it crystal clear that neither she nor PW/1-Ramesh took the name of the appellant in their initial

statements recorded under Section161 of Cr.P.C. The same is the stand of widow of deceased PW/3-Heerabai in her deposition. No TIP was conducted. The incident had taken place in dark but no torch allegedly available was recovered/seized. The appellant remained in custody during trial for 169 days and after conviction for about two and a half years, the final hearing of this appeal of 2020 is not possible in near future. Thus, the remaining jail sentence of the appellant may be suspended.

In support of his submission, learned counsel for the appellant relied on 1993 Supp (2) SCC 198 (Mullagiri Vajram and others Vs. State of Andhra Pradesh).

The learned Government Advocate for the State opposed the prayer by Signature SAN Verified Not taking this Court to Para 57 of the judgment. Digitally signed by RASHMI RONALD We have heard the parties and perused the record. VICTOR Date: 2022.05.07 10:40:20 IST

Considering the aforesaid factual backdrop, absence of this appellant's name in FIR and statements recorded under Section 161 of Cr.P.C., without expressing any conclusive opinion on merits, we deem it proper to suspend the remaining jail sentence of the appellant, hence IA No.21810/2021 is allowed and subject to

depositing the fine amount, (if not already deposited) remaining jail sentence of the appellant is hereby suspended.

It is directed that the appellant Captain @ Jaipal Singh be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Bijawar District Chhatarpur on 29th of August, 2022 and also on such other dates, as may be fixed by the trial Court.

     (SUJOY PAUL)                                    (DWARKA DHISH BANSAL)
        JUDGE                                               JUDGE

RS