Madhya Pradesh High Court
Summer Singh vs The State Of Madhya Pradesh on 27 October, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9365 of 2022
(SUMMER SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 27-10-2022
Shri Shailendra Singh Thakur, learned counsel for the appellant.
Shri S.K. Gupta, learned Panel Lawyer for the respondent/State.
Call for trial Court record.
Heard on I.A. No.19471/2022, an application under Section 389(1) of
Cr.P.C. for suspension of sentence and grant of bail pending the appeal.
T h e appellant has been convicted for commission of offence under
Section 409 of IPC and has been sentenced to undergo R.I. for 3 years and fine
of Rs. 10,000/- with default stipulation vide judgment dated 30.9.2022 passed
in S.T.No.302/2013 (State of M.P. Vs. Sumer Singh and another) by Ist ASJ,
Gadarwara, District Narsinghpur.
Learned counsel for the appellant has submitted that learned trial Court
has not properly and meticulously appreciated the evidence of prosecution
witnesses as it has not taken into consideration various contradictions and
omissions appeared in the evidence of prosecution witnesses. It is further
submitted that the trial Court has already suspended the jail sentence of the
appellant till 30.10.2022. It is also submitted that appellant has fair chances to
succeed in the appeal. The maximum awarded sentence is upto 3 years and
some part of the sentence has already been suffered by him. Therefore, if he is
not released on bail, the purpose of filing of this appeal would become futile.
Therefore, it has been prayed that the appellant/accused be released on bail.
On the other hand, learned Panel Lawyer for the respondent/State has
opposed the grant of bail.
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 10/28/2022
11:20:16 AM
I have gone through the impugned judgment and record of the trial Court.
The appellant has already suffered some part of sentence during trial period.
The maximum awarded sentence is upto 3 years. Therefore, having taken into
consideration the nature of sentence, the period of custody already undergone
by the present appellant, I am of the view that if the appellant is not released on
bail the purpose of filing of this appeal would become futile as there is no
possibility of hearing of this appeal in near future. Therefore, having taken into
consideration all the aspects of the matter, I deem it proper to suspend the
remaining jail sentence of the appellant.
Accordingly, aforesaid I.A. No.19471/2022 is allowed. The execution
of jail sentence of appellant- Summer Singh, subject to depositing of fine
amount, if not already deposited, is hereby suspended and it is directed that
the appellant be released on bail on his furnishing a personal bond for a sum
o f Rs.50,000/- (Rupees Fifty 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 on 09.01.2023 and also on such other dates, as
may be fixed by that Court in this regard during the pendency of this appeal.
List this appeal for admission immediately after receipt of record.
C.C. as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
mrs. mishra
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 10/28/2022
11:20:16 AM
