Jahan Singh Pal vs The State Of Madhya Pradesh
2023 Latest Caselaw 1842 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 11610 of 2022
                                             (JAHAN SINGH PAL Vs THE STATE OF MADHYA PRADESH)

                          Dated : 01-02-2023
                                 Mr. Virendra Singh Pal, learned counsel for the appellant.

                                 Mr. Purshottam Tanwar, learned Panel Lawyer for the respondent - State.

Admit.

Heard on I.A. No. 146 of 2023, first application under Section 389 (1) of CrPC for suspension of jail sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 13.10.2022 passed by

T hird Additional Sessions Judge, Shivpuri (M.P.) in S.T. No. 178/2017, whereby the appellant has been convicted and sentenced under Section 326/34 of IPC to undergo rigorous imprisonment of three years with fine of Rs.5,000/-, under Section 325/34 of IPC to undergo rigorous imprisonment of two years with fine of Rs.3,000/-, under Section 323/34 of IPC fine of Rs.500/- and under Section 341 of IPC fine of Rs.200/-, with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. Further argument is that the independent witnesses as well as witness of memo and

seizure have not supported the case of the prosecution. There are material contradictions in the evidence of the prosecution witnesses. He further submits that the appellant has already served five and half months of incarceration out of total jail sentence o f three years. he was on bail during trial and he did not misuse the liberty so granted to him. Present criminal appeal is likely to take long time to conclude. Hence, prayed to suspend the jail sentence and grant of bail to the appellant.

Signature Not Verified Signed by: ALOK KUMAR Signing time: 02-Feb-23 10:02:32 AM

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments rendered by learned counsel for the appellant as well as facts and circumstances of the case, without commenting on merits of the case, I.A.No. 146 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail

sentence of the appellant shall remain suspended and he be released on bail. Appellant is further directed to mark his appearance before the Office of this Court on 11.4.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 02-Feb-23 10:02:32 AM