Mansingh Tekam vs The State Of Madhya Pradesh
2023 Latest Caselaw 20265 MP

Madhya Pradesh High Court

Mansingh Tekam vs The State Of Madhya Pradesh on 1 December, 2023

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 8424 of 2022
                                           (MANSINGH TEKAM Vs THE STATE OF MADHYA PRADESH)

                          Dated : 01-12-2023
                                Shri Sanjay Sharma - Advocate for the appellant.

                                Shri Vinay Sharma - Panel Lawyer for the respondents/State.

Heard on I.A. No.17800 of 2022, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant Mansingh Tekam, pending the appeal.

Appellant has been convicted for commission of offence under Section 420, 409, 120-B of IPC and Sections 4, 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and has been sentenced to undergo R.I. for 7 years with fine of Rs.5,00,000/-, R.I. for ten years with fine of Rs.5,00,000/-, R.I. for 10 years with fine of Rs.5,00,000/-, R.I. for three years with fine of Rs.5,000/- and R.I. for 2 years with fine of Rs.3,000/- respectively

with default stipulations vide judgment dated 25.08.2022 delivered by the Ist Additional Sessions Judge, Mandla in ST No.149/2017 (State of M.P. Vs. Tek Kishore Sahu & Others).

Learned counsel for the appellant has submitted that appellant has not committed any offence. He has been erroneously convicted by the trial Court as it has not properly appreciated the evidence on record. It is submitted that evidence of prosecution witnesses is full of omissions and contradictions and such omissions and contradictions have not been considered in right perspective by the learned trial Court. It is submitted that appellant Mansingh Tekam has already suffered jail sentence of more than six years & nine months. The appellant have fair chance to succeed in the appeal. There is no possibility

of hearing of this appeal in near future. Therefore, if the execution of jail sentence of appellant is not suspended, the purpose of filing this appeal would become futile. Therefore, it has been prayed that the execution of jail sentence of appellant may be suspended and he be released on bail.

On the other hand, learned counsel for the respondent/State has opposed the grant of bail to the appellant.

On perusal of report received from Superintendent, Central Jail, Narsinghpur (MP), it is apparent that appellant Mansingh Tekam has suffered jail sentence of six years & nine months.

Having considered the custody period already served out by the appellant

and the fact that there is bleak possibility of hearing of this appeal in near future, I am inclined to suspend the remaining jail sentence of the appellant.

Consequently, I.A. No.17800 of 2022 is allowed. The execution of jail sentence of appellant - Mansingh Tekam is hereby suspended subject to depositing the entire fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 01.02.2024 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for final hearing in due course.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

@shish