Shivsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 20734 MP

Madhya Pradesh High Court

Shivsingh vs The State Of Madhya Pradesh on 7 December, 2023

Author: Sanjeev S Kalgaonkar

Bench: Sanjeev S Kalgaonkar

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                         CRA No. 512 of 2015
                                               (SHIVSINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 07-12-2023
                                 Shri Pawan Vijaywariya- Advocate for appellant.

                                 Shri Pramod Pachauri- Public Prosecutor for respondent- State.

Heard on IA No. 20774 of 2023, second application under Section 389(1) Cr. P.C. moved on behalf of the appellant seeking suspension of sentence and grant of bail.

Appellant stood convicted under Section 363, 366 of IPC and sentenced

to one year RI with fine of Rs.500/- and three years RI with fine of Rs.1,000/- and further, under Section 6 of POCSO Act, sentenced to ten years RI with fine of Rs.5,000/- with default stipulations; vide judgment of conviction and order of sentence dated 27-05-2015 passed by First Additional Sessions Judge, Sheopur in Sessions Trial No.62 of 2014.

Learned Counsel for the appellant submits that vide order dated 14-10- 2015 on IA No.6052 of 2015 passed by coordinate Bench of this Court, the execution of jail sentence of appellant was suspended and he was released on bail and due to non-appearance of appellant before the Registry of this Court,

his bail bond and surety bond were cancelled. Learned Counsel further submits that since the appellant is labourer by profession and he had gone out of station for his livelihood, he could not mark his presence before the Registry. Under execution of perpetual warrant of arrest issued by this Court vide order dated 19-12-2017, the appellant was arrested and was produced before the Court on 18-10-2023 and since then, he is in custody. Learned counsel further contends that appellant has learnt a lesson in hard-way. Appellant is ready and willing to

appear before the Registry of this Court on the date as may be fixed by the Office and he is also ready to furnish adequate surety and shall abide by all conditions which may be imposed by this Court. On these premised submissions, learned counsel prays that execution of jail sentence of appellant may be suspended and he may be enlarged on bail during pendency of instant appeal.

Per contra, learned counsel for respondent State opposes the application on the ground that appellant has breached the conditions of order of suspension and prays for its rejection.

Upon hearing learned Counsel for the parties but without commenting

upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly, directed that the execution of jail sentence of appellant shall remain suspended during pendency of this appeal and he shall be enlarged on bail subject to furnishing a fresh personal bond in the sum of Rs.1,00,000/- (Rupees one lac only) with two solvent sureties of Rs.50,000/- each to the satisfaction of Trial Court for his appearance before the Registry of this Court first on 22.12.2023 and on further dates as may be fixed by the Registry in this regard till final disposal of the instant appeal.

Accordingly, aforesaid IA stands allowed and disposed of. Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

MKB