Madhya Pradesh High Court
Vijay Singh vs The State Of Madhya Pradesh on 17 October, 2022
Author: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
Cr.A. No. 4502 of 2022
( Vijay Singh s/o Madhav Singh Chouhan Vs. State of Madhya Pradesh )
Dated:- 17.10.2022
Shri Vivek Singh, learned counsel for the appellant.
Shri K.K. Tiwari, learned Govt. Advocate for the
respondent/State.
Heard on I.A.No.12058/2022, which is an application filed
under Section 389(1) of the Cr.P.C. for suspension of jail sentence
of the appellant-Vijay Singh s/o Madhav Singh Chouhan.
The appellant has been convicted vide judgment dated
28.04.2022 passed in S.T.No.13/2020 and sentenced him as under:-
Conviction Sentence
Section Act Imprisonment Fine Imprisonment
in lieu of fine
302/34 IPC R.I. for Live 5,000/- 06 months R.I.
(3 count)
323 IPC 1-1 year RI 500/- 500/- 2-2 months
(2 counts) additional R.I.
The allegation of the appellant is that he along with the other
co-accused persons caused injuries to the complainant party. In the
incident the co-accused Vikram Singh caused death of Asif by a fire
arm injury. So far as the present appellant is concerned, it is
alleged that he caused injury with stick to p.w.11/ Firoz and
p.w.2/Yasmin.
Counsel for the appellant has drawn attention of this Court
towards the statement of Dr. Vaibhav Dua (p.w.14), who has
deposed that it is true that the p.w.11 Firoz has suffered an abrasion
on his leg; whereas p.w.2/ Yasmin had only suffered an injury on
her right hand. It is further submitted that even according to the
case of prosecution, co-accused Vikram Singh, against whom the
main allegation has been levelled. It is also submitted that the
appellant has been implicated as he happens to be the father the
main accused Vikram Singh. It is further submitted that the
appellant was on bail during the trial and has not misused the
liberty so granted to him and there is no possibility of early hearing
of this criminal appeal before this Court. Thus, it is submitted that
the application be allowed and the jail sentence of the appellant be
suspended.
Counsel for the respondent/State, on the other hand, has
opposed the prayer.
On due consideration of the submissions and on perusal of
the record, this Court finds force with the contention raised by the
counsel for the appellant. Thus, it would be expedient to allow the
application for suspension jail sentence of the appellant.
Accordingly, the application I.A.No.12058/2022 stands allowed.
It is directed that on furnishing a personal bond by the
appellant only in the sum of Rs.25,000/-(Rupees Twenty Five
thousand only) with a solvent surety in the like amount each to the
satisfaction of the learned trial Court, for his regular appearance
before concerned trial Court, the execution of the custodial part of
the sentence imposed against the appellant shall remain suspended,
till the final disposal of this appeal.
The appellant after being enlarged on bail, shall mark his
presence before the concerned trial Court on 30.12.2022 and on all
such subsequent dates, as may be fixed by the concerned Court in
this regard.
Certified copy, as per rules.
(Subodh Abhyankar) (Satyendra Kumar Singh)
JUDGE JUDGE
moni
MONI
Digitally signed by MONI RAJU
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH
INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya
Pradesh,
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53bd80aeba7af5a5244844c1,
RAJU
pseudonym=85E21E23646B47526A49E99D9182D0AE8A
BD62D1,
serialNumber=3BFD07BEC0C790E4AEA8CB122D629549D
1067813B2AE8FB016F1BF08EE881126, cn=MONI RAJU
Date: 2022.10.17 18:08:33 +05'30'
