Shivnarayan Singh Sengar vs The State Of Madhya Pradesh
2022 Latest Caselaw 13364 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 3552 of 2021
                                        (SHIVNARAYAN SINGH SENGAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-10-2022
                                 Shri Chetan Joshi, learned counsel for the appellant.

                                 Shri Rajesh Joshi, learned Govt. Advocate for the respondent/State.

Heard on the question of admission.

Appeal is admitted for hearing.

Further heard on I.A.No.4136/2022, an application for suspension of jail sentence of the appellant - Shivnarayan Singh Sengar.

Appellant has been convicted by 1st Additional Sessions Judge Distt. Dewas vide judgment dated 19.02.2021 passed in S.T. No.10/2016 for commission of offence punishable under Section 170, 171, 417, 419, 468, 471 and 473 of IPC and sentenced to undergo RI for 01 year with fine of Rs. 500/- , RI for 01 month, RI for 06 months with fine of Rs. 500/-, RI for 07 years with fine of Rs. 5,000/-, RI for 01 year with fine of Rs.1,000/- and further RI for 05 years with fine of Rs. 5,000/- with default stipulation.

Learned counsel for the appellant submits that it has been alleged against the appellant that he impersonating himself as Police Constable

produced forged and fabricated transfer order before the Sub Inspector,Police Line Dewas. In pursuance of the forged transfer order, he was posted at Police Station Industrial Area,Dewas and worked there for about a month as Constable. He further submits that appellant is a young boy aged 21 years. It has no where alleged that he prepared the said forged documents. He did not commit any wrongful act during the period he worked has Constable. His act was not intentional. Appellant has already suffered about 25 months of custody Signature Not Verified Signed by: SEHAR HASEEN Signing time: 10/12/2022 12:10:32 PM

out of total 07 years of sentence awarded to him. The final conclusion of the appeal shall take considerable time. Hence, prays that application for suspension of sentence be allowed.

Learned counsel for State has opposed the prayer and prays for rejection of the application for suspension of sentence.

Having considered the rival submissions, nature of allegations alleged against the appellant, period of custody already suffered by him, specially the age of the appellant and on due consideration of the overall facts and circumstances, without expressing any opinion on merits of the case, I.A.No.4136/2022 is allowed.

It is directed that upon appellant depositing the fine amount (if not already deposited) and on furnishing a personal bond to the tune of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court, the substantive jail sentence of appellant shall remain suspended till the final disposal of the appeal and he shall b e released on bail for his appearance before the Registry of this court on 02.11.2022 and all other subsequent dates, as may be fixed in this behalf by the Office.

List for final hearing in due course.

C.c. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

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Signature Not Verified Signed by: SEHAR HASEEN Signing time: 10/12/2022 12:10:32 PM