Ramotaar Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 22058 MP

Madhya Pradesh High Court

Ramotaar Singh vs The State Of Madhya Pradesh on 21 December, 2023

Author: Sanjeev S Kalgaonkar

Bench: Sanjeev S Kalgaonkar

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 9359 of 2023
                                             (RAMOTAAR SINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 21-12-2023
                                  Shri Anand Purohit- Advocate for the appellant.

                                  Shri A.K. Shukla- Public Prosecutor for respondent/State.

Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing. Heard on IA No.22904/2023, second application under Section 389(1) Cr.P.C. moved on behalf of the appellant seeking suspension of sentence and

grant of bail.

Appellant stands convicted under Sections 323 of IPC and sentenced to undergo three months' RI with fine of Rs.200/- with default stipulations vide judgment of conviction and sentence dated 01.07.2023 passed by Special Judge (Atrocities), District Morena (M.P.) in SC No.252 of 2015.

Learned Counsel for appellant submits that the impugned judgment passed by learned Trial Court is based on assumption, conjecture and surmises. The learned Trial Court has committed an error in convicting and sentencing the present appellant without appreciating the prosecution evidence properly. There

are material contractions and omissions in the evidence of witnesses. The appellant was on bail during trial and he did not misuse the liberty so granted to him. Appellant is in custody since 10.12.2023 and has already undergone jail incarceration of 15 days. There is no likelihood of hearing of appeal in near future. On these grounds, learned Counsel prays that execution of remaining jail sentence of appellant may be suspended and he may be enlarged on bail.

Per contra, learned Counsel for respondent State opposed the

application and prayed 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 execution of remaining jail sentence of appellant shall remain suspended during pendency of this appeal and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for his appearance before the Registry of this Court on 02.02.2024 and on further dates as may be

directed by the Registry in that regard.

Accordingly, I.A. No.22904/2023 stands allowed and disposed of. List the matter for final hearing in due course.

Certified copy as per rules

(SANJEEV S KALGAONKAR) JUDGE

Avi