Shivraj Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 13099 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 10697 of 2022 (SHIVRAJ SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 11-08-2023 Shri Amit Jain - Advocate for appellant no.1.

Shri K. S. Patel - Panel lawyer for the State.

Heard on I.A.No.17132/2023, which is first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail, moved on behalf of appellant no.1 Shivraj Singh.

Appellant no.1 Shivraj Singh has been convicted for the offences punishable under Section 326/34 of IPC and sentenced to undergo RI for 5 years and fine of Rs.5,000/-, Section 325/34 of IPC and sentenced to undergo RI for 1 year and fine of Rs.2,000/- and Section 323/34 of IPC and sentenced to undergo RI for 3 months and fine of Rs.1,000/-, with default stipulations.

Learned counsel for the appellants submits that appellant no.1 is innocent and has falsely been implicated in the matter. He also submits that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting appellant no.1 for the aforesaid

offence. The appeal would take considerable time to conclude. He is ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

On the other hand, learned counsel for the State has opposed the application and prays for its rejection.

Heard counsel for the parties and perused the judgment and record of the court below.

In this case, appellant nos.3 and 4 have been given the benefit of suspension of sentence vide order dated 12.7.2023 by this Court. The act of present appellant is different because he was carrying hard and sharp object at the time of incident. No grievous injury caused by the said weapon has been proved by medical evidence.

Looking to the o ver all facts and circumstances of the case and the evidence available on record as well as the grounds raised about infirmities in its appreciation, this Court finds it to be a fit case to suspend the jail sentence of appellant no.1 and to release him on bail, therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant no.1 shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 06.11.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid I.A. stands allowed and disposed of.

(ANURADHA SHUKLA) JUDGE

ps

Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.08.14 12:26:33 +05'30' Adobe Reader version: 11.0.8