Ram Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 21784 MP

Madhya Pradesh High Court

Ram Singh vs The State Of Madhya Pradesh on 19 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. 4995 of 2023
                                          (RAM SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 19-12-2023
                                 Shri Durgesh Rai - Advocate for appellant.

                                 Ms. Shanti Tiwari - Panel Lawyer for the respondent/State.

Heard on admission.

Appeal seems to be arguable, hence it is admitted for final hearing. Also heard on I.A.No.29856/2023, an application for taking additional

documents on record.

On due consideration, application is allowed and documents are taken on record.

Also heard on I.A.No.29879/2023, which is the second application under Section 389(1) of the Cr.P.C. filed on behalf of appellant for suspension of sentence and grant of bail.

Earlier application for suspension of sentence and grant of bail was dismissed as infructuous vide order dated 11/04/2023.

T he appellant has been convicted and sentenced as mentioned in the

impugned judgment dated 24/02/2023 passed by Additional Sessions Judge, Sehore to the Court of I Additional Sessions Judge / Special Judge (SC/ST Prevention of Atrocities Act), Sehore in Special Case No.103/2022.

Learned counsel for the appellant submitted that the trial Court has wrongly convicted the appellant for the aforesaid offence. There are several omissions and contradictions in the evidence adduced by the prosecution witnesses. It is submitted that earlier trial Court suspended the jail sentence of appellant till 08/04/2023, but the said period could not be extended, thereafter,

appellant surrendered before the trial Court on 16/12/2023 and since than the appellant is in judicial custody. It is prayed that the looking to the nature of offence and short sentence of appellant, the jail sentence of appellant may be suspended and he be released 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 appellant, the short sentence awarded to the appellant and the fact that the appellant is in jail 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 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 15/02/2024 and on such further dates as may be fixed by trial Court in this regard during the pendency of this appeal.

List for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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