Roop Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 5476 MP

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                    CRA No. 2180 of 2022
                                       (ROOP SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 03-04-2023
                               Shri Ahadulla Usmani-Advocate for the appellant.

                               Shri Anil Upadhyay-Panel Lawyer for the respondent/State

Learned counsel for the appellant-Roop Singh is heard on I.A.No.5359/2022, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant, pending the appeal.

Appellant along with two others has been convicted for commission of offence under Section 304(1), 201 of IPC, Section 25(1)(1-B)(a) and Section 27(i) of Arms Act, 1959 and has been sentenced to undergo RI for 10 years with fine of Rs. 20,000, RI for 4 years with fine of Rs. 10,000/-, RI for 1 year with fine of Rs.10,000/- and R.I. for 3 years with fine of Rs.10,000/- respectively with default stipulation vide judgment dated 14.02.2022 passed in ST. No 53/2017 (State of M.P. Vs. Roop Singh) by learned Fourth Additional Session Judge, Chhindwara, District-Chhindwara.

Learned counsel for the appellant has submitted that learned trial Court

has erroneously convicted the appellant/accused for commission of offence as it has not properly appreciated the evidence on record. Learned counsel further submitted that as per the postmortem report deceased had died due to gunshot wound. Entry and exit wounds are alleged to have been found on his person whereas as per the prosecution case accident had taken place when gun after being loaded with the powder and pellets its barrel blasted and due to that deceased had died. It is submitted that if barrel had blasted then there should have been multiple pellets on the person of the deceased whereas as per the Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 4/5/2023 3:59:04 PM

postmortem report single gunshot wound was found. Appellant has fair chances to succeed in the appeal. He has already undergone more than one year in the incarceration. There is no possibility of hearing of this appeal in near future. Therefore, it has been prayed that appellant/accused be released on bail by suspending jail sentence.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail.

Having taken into consideration the evidence of doctor (PW-5), FSL report and other material on record but without expressing any opinion on the merit of the case, I am of the view that a case for suspension of jail sentence is

made out.

Accordingly, aforesaid I.A.No.5359/2022 is allowed. The execution of jail sentence of appellant-Roop 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 of the like amount to the satisfaction of the trial court with a further direction to appear before the Registry of this Court on 25.07.2023 and also on such other dates, as may be fixed by the Registry in this regard during the pendency of this appeal.

List the case for final hearing in due course as per listing policy. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

kundan

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 4/5/2023 3:59:04 PM