Lakhan Singh @ Fauji vs The State Of Madhya Pradesh
2023 Latest Caselaw 6561 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 1187 of 2022
                                          (LAKHAN SINGH @ FAUJI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 24-04-2023
                                Shri Nilesh Manore, learned counsel for the appellant.

                                Shri Bhuwan Deshmukh, Govt. Advocate for the respondent/State.

Heard on the question of admission.

Admit.

Also heard on I.A. No.2468/2023, an application under Section 389(1)

of Cr.P.C. for suspension of remaining jail sentence of the appellant Lakhan Singh @ Fauji.

Appellant has filed this appeal against the judgment dated 14.1.2022

passed by IIIr d ASJ, Khargone in Sessions Trial No. 02/2021 whereby learned trial Court has convicted the appellant under Section 25(1)(A) of the Arms Act and and sentenced to undergo 7 years R.I. with fine of Rs. 3,000/- with default stipulation.

Learned counsel for the appellant submits the appellant is innocent and has been falsely implicated in the case. He has completed more than 3 years of

jail sentence. This appeal is of the year 2022 and is not likely to come up for final hearing in near future and by that time he will complete the sentence and the very purpose of filing the appeal would be worthless. Hence, appellant may also be granted suspension of sentence.

Learned counsel for the respondent/State opposes the application for suspension of sentence.

Considering the facts and circumstances of the case and the arguments

Signature Not Verified Signed by: VARSHA SINGH Signing time: 4/25/2023 1:28:51 PM

advanced by learned counsel for the parties,this Court is of the of the considered opinion that the application for suspension of custodial sentence filed on behalf of the appellant deserves to be allowed.

Accordingly, I.A. No.2468/2023 is allowed and it is directed that on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal.

The appellant after being enlarged on bail, the appellant shall mark his presence before concerned trial court on 09.10.2023 and on all such

subsequent dates, which are fixed in this regard by Trial Court concerned.

I.A. No.2468/2023 stands disposed of.

List for final hearing in due course.

Certified copy, as per rules

(VIVEK RUSIA) JUDGE

VS

Signature Not Verified Signed by: VARSHA SINGH Signing time: 4/25/2023 1:28:51 PM