Jagdish Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 21045 MP

Madhya Pradesh High Court

Jagdish Singh vs The State Of Madhya Pradesh on 12 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 11098 of 2022
                                         (JAGDISH SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 12-12-2023
                                  Shri D.S. Baghel - Advocate for appellants.

                                  Shri Dinesh Prasad Patel - Dy. G.A. for respondent/State.

Heard on I.A.No.9774/2023, which is the first application under Section 389(1) of the Cr.P.C. filed on behalf of appellant No.1 Jagdish Singh for suspension of sentence and grant of bail.

The appellant No.1 has been convicted and sentenced as mentioned in the impugned judgment dated 31/10/2022 passed by II Additional Sessions Judge, Chhatarpur, District Chhatarpur in S.T. No.32/2021.

Learned counsel for the appellants submitted that the trial Court has wrongly convicted the appellant No.1 for the aforesaid offence. There are several omissions and contradictions in the evidence adduced by the prosecution witnesses. The appellant No.1 is in custody since 12/11/2020, hence he prayed for suspension of jail sentence and release the appellant No.1 on bail as final hearing of this appeal will take time.

On the other hand, learned counsel for the respondent/State opposed the prayer and prayed for dismissal of the above application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellants and the fact that the appellant No.1 is in custody since 12/11/2020 and according to listing policy the hearing of this appeal will take time, application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant No.1 shall remain suspended during pendency of this appeal and he be released on bail subject to depositing

fine amount, if not already deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. fifty thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 24/01/2024 and on such further dates as may be fixed by trial Court in this regard during the pendency of this appeal.

List the matter for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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