Ghanshyamsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 6218 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 5157 of 2023
                                       (GHANSHYAMSINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 18-04-2023
                                Shri Nilesh Dave - Advocate for appellants.

                                Shri Hemant Sharma - Govt. Advocate for the respondent/State.

Heard on I.A.No.5214/2023, 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 both the appellants Ghanshyam Singh and Jagdish.

Appellants stand convicted vide judgment dated 27/03/2023 passed in S.T.No.06/2018 by I Additional Sessions Judge, Jaora, District Ratlam under Sections 420 and 406 of Indian Penal Code, 1860 and Section 6(1) of M.P. Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam and they have been sentenced to undergo 03 years RI with fine of Rs.5,000/-, 02 years RI with fine of Rs.1,000/- and 02 years RI with fine of Rs.50,000/- each respectively with usual default stipulation.

Learned counsel for the appellants submits that appellants are innocent person and they have been falsely implicated in this matter. During the trial

appellants were on bail and they have not misused the liberty granted to them. Thier jail sentence has also been suspended by the Trial Court till 27/04/2023. There are material contradictions and omissions in the statement of the witnesses. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. There is a strong case in favour of the appellants. Hence, the execution of the remaining part of the jail sentence of the appellant s be suspended till the final disposal of this appeal.

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 4/19/2023 2:22:16 PM

P e r contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellants and also taking note of the fact that appellants were on bail during the trial; there is no complaint that they have misused the liberty granted to them 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 appellants.

Accordingly, I.A.No.5214/2023 is allowed and it is directed subject to

deposit of fine any amount, if not already deposited, and subject to furnishing personal bond by the appellants in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) each with separate solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellants shall remain suspended, till final disposal of this appeal.

T he appellants after being enlarged on bail shall mark their presence before the Registry of this Court on 30/10/2023 and on all such subsequent dates, which are fixed in this behalf.

Let record of the trial Court be requisitioned. Certified copy as per rules.

(ANIL VERMA) JUDGE Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 4/19/2023 2:22:16 PM