Shersingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 5859 MP

                                     1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                             CRR No. 4747 of 2022
                      (SHERSINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 11-04-2023
       Shri Deepak Rawal - Advocate with Shri Atul Choudhari for the

applicant.
       Smt. Geeta Yadav- Panel Lawyer for respondent/ State.

Record of the Courts below has been received. Record perused..

Heard on admission.

Prima facie this criminal revision seems to be arguable.Hence, admitted for final hearing.

Heard on I.A.No.23601/2022 an application under Section 397(1) of the Cr.P.C. for suspension of sentence and grant of bail pending the revision.

Applicant along with others was convicted and sentenced for commission of offence under Sections 420 read with Section 120B, 467, 468, 471 and 409 of IPC by Judicial Magistrate First Class in Criminal Case No.626/2016 (State of M.P. Vs. Suresh Ghodke(deceased) and others).

Applicant along with others had filed an appeal challenging the judgment of conviction and order of sentence passed by learned JMFC. Learned 2nd ASJ, Khandwa by appeal judgment dated 6.12.2022 passed in Cr.A. No.228/2017 and 229/2017 partly dismissed the appeals and partly allowed the appeal as appellants were acquitted of offence under Section 420 and 477A of IPC but their conviction and sentence under Section 409/120B, 467, 468 and 471 of IPC as awarded by the trial Court was affirmed.

Learned counsel for the applicant - Shersingh has contended that

applicant at present is 77 years old. He is in the evening of his life. He has already suffered more than four months in jail. learned Courts below have not properly appreciated the documentary and oral evidence on record. He has submitted that prosecution has not proved its case beyond all reasonable doubt. He has challenged the legality, correctness and propriety of the judgment passed by the Courts below. He has fair chances to succeed in revision. Therefore, it has been prayed that applicant be released on bail.

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

I have gone through the impugned judgment passed by the Courts below

and material on record. Without expressing any opinion on merits of the matter but having taken into consideration the old age of Shersingh, I am of the view that applicant may be released on bail suspending the execution of jail sentence as there is no possibility of hearing of this revision in near future.

Therefore, I.A.No.23601/2022 is allowed. Only the jail sentence of the applicant as awarded by the Courts below is suspended till further order upon his furnishing a personal bond in the sum of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the JMFC Punasa District Khandwa on 20.7.2023 and on all such further dates as may be fixed by that court during the pendency of this revision.

List this case for final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra DEEPA Digitally signed by DEEPA MISHRA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=JUDICIAL, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=3ece46b8e3ea2cc1fa35126c71ddf298e10aaedd7 345a5efb4e2a1a8a88446bf,

MISHRA pseudonym=EDBA3C23FD7AA0D583DA5AD3755C3F371 52C1CC0, serialNumber=E5AB7E7C0015E02D05F4525962F1C483E4 15D288FB5C7C2082F662F2BB495B44, cn=DEEPA MISHRA Date: 2023.04.11 17:31:53 +05'30'