Ver Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 2195 MP

                                                                          1
                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                    CRA No. 9182 of 2019
                                                          (VER SINGH Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 07-02-2023
                                          Mr. Ashutosh Joshi - Advocate for the appellant.

                                          Mr. Purushottam Soni - Panel Lawyer for the respondent-State.

Heard on the question of admission.

The appeal is admitted for hearing.

Also heard on I.A. No.1822 of 2023, which is first application filed by the

appellant under Section 389 (1) of the Cr.P.C. seeking suspension of sentence and grant of bail.

The appellant has been convicted by the impugned judgment passed by the trial Court for offences punishable under Sections 456, 506 (2) and 376 of the Indian Penal Code and sentenced to undergo RI for 3 years (fine Rs.1,000/-); RI for 2 years (fine Rs.1000/-) and RI for 7 years (fine Rs.3,000/-) with default stipulation.

Learned counsel for the appellant submits that the trial Court has not appreciated the evidence on record in proper perspective and hence arrived at erroneous findings. This application has been filed mainly on the ground of custody period of the appellant. The prosecutrix is a major and married lady. It is contended that the appellant has been sentenced to undergo maximum RI for seven years and he has

already served sentence from 02.06.2018 to 25.09.2018 and from the date of the judgment i.e. 23.07.2019 till today. The final disposal of this appeal would take considerable time, therefore, the jail sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer for the State has opposed the application for suspension of sentence and grant of bail.

Signature Not Verified SAN Heard learned counsel for the parties and perused the record. The appellant was Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.02.08 11:16:41 IST aged about 27 years at the time of commission of offence. He has already served about

half of the sentence imposed on him and final disposal of this appeal would take more time. Hence, keeping in view the testimony of the prosecutrix, nature of offence and other evidence, without commenting on merits of the case, I deem it appropriate to suspend the jail sentence of the appellant and to release him on bail. Therefore, without commenting on the merits of the case, this application is allowed.

It is directed that execution of remaining jail sentence of the appellant - Ver Singh shall remain suspended and he shall be released on bail on his furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) with a surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the Trial Court on 20.07.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.02.08 11:16:41 IST