Than Singh vs State Of Madhya Pradesh
2022 Latest Caselaw 12745 MP

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                                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT JABALPUR
                                                                  CRA No. 8041 of 2022
                                                      (THAN SINGH Vs STATE OF MADHYA PRADESH AND OTHERS)

                                     Dated : 22-09-2022
                                           Mr.R.S.Patel, learned counsel for the appellant.

                                           Mr.C.M.Tiwari, learned Govt.Advocate for the respondent/State.

Let record of the court below be requisitioned. Considered I.A.No.17181/2022, which is an application u/s 389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant- Than Singh.

Vide impugned judgment dt. 30.8.2022 passed by Special Judge (Atrocities) Narsinghpur in Special Case No.(ATR) No.97/2015 the appellant has been convicted for offences under sections 325/149 (two counts), 323/149 (two counts) & 148 of IPC and sentenced to undergo R.I. for 06-06 months, 03-03 months and 06-06 months with fine of Rs.500/-, Rs.500/- & Rs.500/- with default stipulations.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record.

The applicant was on bail during trial. The suspension of appellant/applicant has been suspended by the trial Court upto 29.9.2022. The final disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the sentence of appellant.

Learned P.L. has opposed the prayer of suspension of sentence. Signature Not Verified SAN Considered the over all facts and circumstances of the case; maximum Digitally signed by RAJESH MAMTANI Date: 2022.09.22 19:16:47 IST sentence awarded is 06 months; sentence has already been suspended by the

trial Court itself, final disposal of appeal would take considerable time, and without commenting on merits of the case, the application is allowed.

It is directed that on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon applicant- Than Singh shall remain suspended during the pendency of this case and he shall be released on bail.

The applicant shall appear before the trial Court on 22.02.2023 and on all such subsequent dates, as may be fixed in this regard.

List the case after eight weeks for orders on admission.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.09.22 19:16:47 IST