Maharaj Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 13682 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 7940 of 2023
                                       (MAHARAJ SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 22-08-2023
                                Shri Prabal Pratap Singh Solanki, learned counsel for the appellants.

                                Shri    Dheeraj    Kumar      Budholiya,   Public    Prosecutor    for   the
                          respondent/State.

Shri Vinod Kumar Dhakad, learned counsel for the complainant. The appeal is admitted.

Heard on I.A. No. 15159 of 2023, which is first application under

Section 389(1) Cr.P.C. for suspension of sentence and grant of bail filed by the appellant No.2 Jandel Singh.

This Criminal Appeal assails the judgment dated 16.06.2023 passed by IV Additional Sessions Judge, Shivpuri in Session Trial No.37/2018, whereby appellant No. 2 Jandel Singh has been convicted under sections 323/34, 323/34, 323/34, 324/34, 323/34, 323/34, 326/34, 324/34, 324/34 of IPC and sentenced him to undergo maximum imprisonment of 5 years with maximum fine of Rs. 1000/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly

been convicted the appellant without proper appreciation of facts of the case as well as evidence available on record. As per prosecution story and evidence available on record appellant No.2 inflicted a single blow on the right side of elbow of Panchama Singh who has suffered simple injury. In these circumstances so also in view of the fact that appellants Mangal Dhakad, Girraj Dhakad, Jayendra Singh Rakesh Singh Dhakad have already been suspended. T h e appellant No.2 Jandel Singh has also already suffered 5 months of Signature Not Verified Signed by: MOHD AHMAD Signing time: 23-Aug-23 10:49:24 AM

incarceration out o f total jail sentence of 5 years. The appeal is likely to take long time to conclude. Hence, he prayed to suspend the jail sentence and grant of bail to appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 15159 of 2023, is hereby allowed subject to depositing of fine amount, if not already deposited, and on

furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court o n 19/10/2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

Signature Not Verified Signed by: MOHD AHMAD Signing time: 23-Aug-23 10:49:24 AM

(SUNITA YADAV) JUDGE Ahmad

Signature Not Verified Signed by: MOHD AHMAD Signing time: 23-Aug-23 10:49:24 AM