Ravindra Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 14590 MP

                                                  1
                           IN THE HIGH COURT OF MADHYA PRADESH
                                        AT GWALIOR
                                          CRA No. 7938 of 2022
                           (RAVINDRA SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

              Dated : 10-11-2022
                      Shri Madan Mohan Tripathi, learned counsel for the Petitioners .

                      Shri V.P.S. Tomar- Panel Lawyer for the respondent/State.

Heard o n I.A. No. 16236 of 2022, first application under Section 389 (1) of CrPC for suspension of jail sentence and grant of bail to appellant No. 1 - Ravindra Singh.

This Criminal Appeal assails the judgment dated 14.7.2022 passed by

Seventh Additional Sessions Judge, Gwalior (M.P.) in Sessions Trial No. 214/2014, whereby appellant No. 1 has been convicted under Sections 307 r.w. 149 (two counts), 506 Part - 2 and 148 of IPC and sentenced him to undergo rigorous imprisonment of five years with fine of Rs.1,000/-, rigorous imprisonment of one year with fine of Rs.500/- and rigorous imprisonment of ten months, with default stipulation.

Learned counsel for appellant No. 1 submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. It is submitted that the present appellant inflicted Lohangi blow to the

injured Sujan Singh, which is simple in nature. The X-ray report has not been produced by the prosecution. It is further submitted that there are omission and contradictions in the evidence of the prosecution witnesses. It is further submitted that prosecution has not examined any independent witness, but only interested witnesses have been examined. There are fair chances of success of Signature Notthis appeal. There is no possibility of hearing of this appeal in near future. It is Verified Signed by: SANJAY NAMDEORAO DURGEKAR further submitted that the appellant has already served total jail sentence of four Signing time: 11-11-2022 10:13:14 AM

months out of total awarded sentence of five years. Under these circumstances, the execution of sentence be suspended and he be released on bail.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments rendered by learned counsel for appellant No. 1 as well as facts and circumstances of the case, without commenting on merits of the case, I.A.No. 16236 of 20222 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of

Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of appellant No. 1 - Ravindra Singh shall remain suspended and he be released on bail. Appellant No. 1 is further directed to mark his appearance before the Office of this Court on 11.01.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

Durgekar

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 11-11-2022 10:13:14 AM