Satyawan Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 1815 MP

                                                                          1
                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                   CRA No. 7452 of 2021
                                                         (SATYAWAN SINGH Vs THE STATE OF MADHYA PRADESH)

                                    Dated : 01-02-2023
                                             Shri Anil Khare - learned Senior Advocate with Shri Sahil Sharma -

                                    Advocate for appellant.
                                             Shri Purshottam Soni - learned Panel Lawyer for respondent No.1-

State.

Shri Anuj Singh - learned Advocate for objector.

Record of the Court below has been received. Heard on the question of admission.

Admit.

Also heard o n I.A.No.21852/2021, which is first application for suspension of sentence and grant of bail to the appellant.

Appellant stands convicted by the trial Court vide judgment dated 24.11.2021 passed by Fifth Additional Sessions Judge, Sidhi in Session Trial No.177/2011 for offences punishable under Section 307 read with Section 34 of the Indian Penal Code and sentenced to undergo R.I. for 5 years with fine of

Rs.500/-, Section 324 read with Section 34 of the Indian Penal Code and sentenced to undergo R.I. for 1 year with fine of Rs.500/-, Section 323 of the Indian Penal Code and sentenced to undergo R.I. for 06 months with fine of Rs.500/- and Section 452 of the Indian Penal Code and sentenced to undergo R.I. for 1 year with fine of Rs.500/-, respectively with default stipulations.

Signature Not Verified Learned counsel for the appellant has submitted that the trial Court has SAN

Digitally signed by NITESH PANDEY not properly appreciated the oral and documentary evidence on record and Date: 2023.02.02 17:54:08 IST

committed error in convicting the appellant for aforesaid offence. He further

submits that appellant is innocent and has falsely been implicated in this case. He has placed reliance on the decision in the case of Darshan Singh Vs. State of Punjab and another (2010) 2 Supreme Court Cases 333 and submits that the appellant is in custody for more than one year and disposal of the appeal would take a considerable time. It is also submitted that in para Nos. 9 and 58 of the judgment, the Supreme Court has laid down the principle to enlarge the appellant on bail in such cases. Hence, it is prayed for suspension of sentence of the appellant and he may be released on bail.

On the other hand, learned Panel Lawyer has opposed the prayer made on behalf of the appellant.

In the present case, there was strong property dispute between the parties. The prosecution case is supported by Manish Singh (P.W.1), Prabhat Singh (P.W.2), Brajendra Singh (P.W.6) and also Dr. R.L. Verma (P.W.12). Dr. R.L. Verma (P.W.12) found gun shot injuries on the victims.

After considering all these facts, at this juncture, the sentence imposed upon the appellant cannot be suspended.

Accordingly, I.A.No.21852/2021 is dismissed.

(SMT. ANJULI PALO) JUDGE

Nitesh

Signature Not Verified SAN

Digitally signed by NITESH PANDEY Date: 2023.02.02 17:54:08 IST