Bansingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 5629 MP

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                         CRR No. 1401 of 2023
                                            (BANSINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 06-04-2023
                                  Shri Ayush Saxena- Advocate for the applicant.

                                  Shri     Purushottam       Tanwar-   Government       Advocate    for   the
                           respondent/State.

Record of the Court below be called for.

Heard on the question of admission.

The appeal being arguable is admitted for final hearing.

Also heard on I.A.No.5851/2023, an application for suspension of sentence on behalf of the sole appellant- Ban Singh.

The trial Court has convicted the appellant under Section 354 and 452 of IPC and sentenced to undergo 1-1 year's imprisonment respectively with fine of Rs.500/- with default stipulation, vide judgment of conviction and order of sentence dated 24.03.2023 passed in Sessions Trial No.105/2019 by First Additional Sessions Judge, Karera, District Shivpuri.

Learned counsel for the appellant submits that learned trial Court has committed error in holding the appellant guilty for the aforesaid offences. There

is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of bail to the appellant.

Learned counsel for the respondent/State has opposed the prayer. Having considered the rival submissions and nature of allegations alleged against the appellant and the period of short sentence awarded to appellant and also considering the fact that there is no likelihood of hearing of this appeal in Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 06-04-2023 04:31:06 PM

the near future but without expressing any opinion on merits of the case, the application is allowed and jail sentence of the appellant shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not deposited, appellant namely Ban Singh shall be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with separate solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 15.06.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

C.C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

Avi

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 06-04-2023 04:31:06 PM