Mansingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 5872 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 11435 of 2022
                                                (MANSINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-04-2023
                                 Shri Manish Yadav - Advocate for the appellant.

                                 Shri Rahul Solanki - Government Advocate for respondent/State.

heard on I.A.No.4795 of 2023, which is first application under Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the appellant Mansingh.

Appellant stands convicted vide judgment dated 25/08/2022 passed in S.T. No.212/2015 by Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, Shajapur (M.P.) under Sections 489-B and 489- C of Indian Penal Code, 1860 and has been sentenced to undergo 07 years RI with fine of Rs.2,000/- and 05 years RI with fine of Rs.1,000/- respectively with usual default stipulation.

Learned counsel for the appellant submit that appellant is an innocent person and he has been falsely implicated in this matter. During the trial he remain in custody for a period of 555 days and now he is custody since the

date of judgment i.e. from 25/08/2022. Appellant has no mens rea to use the fake currency as an original currency. Independent seizure witnesses have been turned hostile. The appellant has been made accused on the basis of the memorandum statement given by the co-accused, which has not been duly proved. There are material contradictions and omissions in the statement of the witnesses. Jail Sentence of co-accused Mehboob and Bhaiyyumal has been suspended vide order dated 31.03.2023 passed in CRA Nos.8417/2022 and

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 12-04-2023 10:53:37

8415/2022 in the similar circumstances. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. Prima facie there is a strong case in favour of the appellant. During the trial for most of the period, appellant remain on bail and he has not misused the liberty granted to him. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

P e r contra, learned counsel for the respondent/State opposes the application for suspension of sentence and prays for its rejection by submitting that there is ample evidence on record against the present appellant in respect of the aforesaid offence. Fake currency has been directly recovered from his

possession. Hence, application for suspension of sentence deserves to be dismissed.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that appellant was on bail during the trial; there is no complaint that he has misused the liberty granted to him; he is not the person, who was caught hold on the spot by the police; appellant is not having any criminal past; he has also suffered jail incarceration for almost 01 year and 08 months and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No.4795 of 2023 is allowed and it is directed subject to deposit of fine amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with separate solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 12-04-2023 10:53:37

the sentence of the appellant shall remain suspended, till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 20/09/2023 and on all such subsequent dates, which are fixed in this behalf.

Certified copy as per rules.

(ANIL VERMA) JUDGE

Anushree

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 12-04-2023 10:53:37