Shiv Bahadur Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 15660 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                        CRA No. 10511 of 2022
                                             (SHIV BAHADUR SINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 28-11-2022
                                  Ms. Tanvi Khare, learned counsel for the appellant.

                                  Shri     Jitendra   Singh   Parihar,   learned   Panel    Lawyer   for     the
                           respondent/State.

Call for the trial Court record.

Heard on I.A.No.21545/2022, an application under Section 389(1) of the Cr.P.C. for suspension of jail sentence and grant of bail to the appellant.

The appellant along with the co-accused persons has been convicted for commission of offence under Section 120-B, 468 and 471 of IPC and has been sentenced to undergo 2 years RI and fine of Rs.2000/-, RI for 3 years and fine of Rs.10,000/- and RI for 2 years and fine of Rs.5000/- respectively, with default stipulation by the Special Judge (Prevention of Corruption Act), District Satna vide judgment dated 31.10.2022, passed in SC LOK-01/2002 (State of M.P. Vs. Arun Kumar Shrivastava and Others).

Learned counsel for the appellant has submitted that learned trial Court has not properly appreciated the evidence of the prosecution witnesses as it has

not considered the material contradictions and omissions appeared in the evidence of the prosecution witnesses. Appellant has a fair chance to succeed in the appeal. There is no possibility of hearing of this appeal in the near future. Therefore, if execution of jail sentence is not suspended the purpose of filing of this appeal would become futile. Hence, it has been prayed that appellant/accused be released on bail.

O n the other hand, learned Panel Lawyer for the respondent/State has Signature Not Verified Signed by: APARNA TIWARI Signing time: 11/29/2022 12:26:47 PM

opposed the prayer for grant of bail to the appellant.

Having considered the short nature of sentence and the fact that there is n o possibility of hearing of this appeal in near future, I deem it proper to suspend the remaining jail sentence of the appellant.

Consequently, I.A.No.21545/2022 is allowed. The execution of jail sentence of appellant- Shiv Bahadur Singh is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court with a further direction to appear

before the trial Court on 20.02.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for argument on admission after receipt of the record along with Cr.A. No.10618/2022.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

AT

Signature Not Verified Signed by: APARNA TIWARI Signing time: 11/29/2022 12:26:47 PM