Ishwar Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 12611 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                        CRA No. 9797 of 2023
                                          (ISHWAR SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 04-08-2023
                                 Shri Navendu Joshi, learned counsel for the appellants.

                                 Shri Shantnu Chourasia, Govt. Advocate for the respondent/State.

Heard on I.A. No.11519/2023, an application under Section 389(1) of Cr.P.C. for suspension of remaining jail sentence of the appellants No.1 Ishwar Singh, No.2 Dilip Singh, No.3 Bane Singh and No.4 Suraj

Kunwar.

The appellants have been convicted under Sections 394 read with Section 325/34 and 323/34 of I.P.C. and sentenced to undergo 1-1 year R.I., 6-6 months R.I. each with fine of Rs. 500 - 500 & 200-200 each with default stipulation vide judgment of conviction and order of sentence dated 20.07.2023 passed in S.T. No. 38/2022 Learned counsel for the appellants submits that the appellants have been falsely implicated in this case. Learned trial Court has not properly appreciated the evidence available on record and material omissions and contradictions have

been overlooked. Learned trial Court has already suspended the jail sentence up to 20.09.2023. The appellants have fair chance to success in this appeal and if the jail sentence is not suspended, the application may be rendered infructuous. He, therefore, prays for grant of suspension of sentence and release the appellants on bail.

On the other hand, learned Government Advocate appearing for the respondent/State prays for rejection of the application.

In view of the aforesaid facts and circumstances of the case, I find it to Signature Not Verified Signed by: VARSHA SINGH Signing time: 05-08-2023 17:37:55

be a fit case to suspend the custodial sentence of the appellants.

Accordingly, without expressing any opinion on merits of the case, I.A. No.11519/2023 is allowed, subject to depositing the fine amount, if not already deposited with the trial Court and it is directed that on furnishing a personal bond by the appellants in the sum of Rs.30,000/- (Rupees thirty thousand only) each with separate solvent sureties in the like amount to the satisfaction of the learned trial Court, for their regular appearance before the Registry of this Court, the execution of the custodial part of the sentence imposed against the appellants shall remain suspended, till the final disposal of this appeal.

The appellants, after being enlarged on bail, shall mark their presence before the Registry of this Court on 18.12.2023 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

Let the record of the case from the concerned trial Court be requisitioned.

Certified copy as per rules.

(VIVEK RUSIA) JUDGE

VS

Signature Not Verified Signed by: VARSHA SINGH Signing time: 05-08-2023 17:37:55