Shyam Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 2962 MP

                                      1

      IN THE HIGH COURT OF MADHYA PRADESH

                            AT GWALIOR
                            CRA-2270-2023

             (SHYAM SINGH Vs . STATE OF MADHYA PRADESH)

DATED:- 17-02-2023

      Smt. Deepa Chauhan- Advocate for the appellant.
      Shri    Pramod    Pachauri      -   Public   Prosecutor   for   the
respondent/State.

Heard on IA. No.2947/2023, 1st application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the sole appellant- Shyam Singh.

This criminal appeal assails the judgment dated 31/01/2023 passed in Special Case No.(DOCT)19/2014 by the Special Judge (Dacoity), District- Bhind (M.P.), whereby the appellant has been convicted and sentenced as under :-

             Sections              Sentence   Fine (Rs.)      Default
                                                            Stipulation
          452 of IPC             1 Years RI    Rs.500/-     15 days' RI
 323/34 of IPC (four counts)    3 Months RI    Rs.500/-     15 days' RI
365 of IPC read with Sections    5 Years RI    Rs.500/-     15 days' RI
  11/13 of M.P.D.V.P.K. Act
          342 of IPC            3 Months RI    Rs.500/-    Rs.15 days' RI

In brief, prosecution case is that on 17/02/2014 the complainant alongwith his son- Sagar Singh in the injured condition lodged a report to the effect that on 15/02/2014, some quarrel took place between Sheetal Singh Bhadauriya and wife of the complainant and due to this rivalry, on 16/02/2014 at about 12:00 PM in the night accused- Rajeev Singh, armed with rifle, Sanju Singh, armed with rifle and Sonu Singh

came and entered in the house of the complainant forcefully and all of them assaulted the complainant, his wife, daughter and son, due to which, they received injuries on the various parts of their bodies. Thereafter, when the complainant and his son were going to the police station to get the FIR lodged, all the aforesaid accused persons caught them and locked in a room and threatened them for life and liberty. On the basis of aforesaid, crime was registered against the appellant and co- accused.

Learned counsel for the appellant submits that the appellant is aged 47 years and he has been falsely implicated in this case. The appellant has been wrongly convicted by the learned trial Court. The appellant was on bail during trial and he has not misused the liberty granted to him. The appellant has suffered more than eight months of incarceration. Learned trial Court has acquitted the other co-accused persons and convicted and sentenced the appellant only. The appellant is the permanent resident of District- Bhind (M.P.) and there are fair chances of success of this appeal. The fine amount has already been deposited by him. The appellant is in jail from the date of judgment. The appeal is of the year 2023 which may take long time for its conclusion and the appellant cannot be kept in custody for an unlimited period. Co-accused persons have already been extended the benefit of suspension of sentence by this Court. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

Learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A. No.2947/2023 is allowed.

It is, therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 19th of June, 2023 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him, shall remain suspended till further orders and he shall be released on bail.

I.A. No.2947/2023 is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE Digitally signed by RAHUL SINGH PARIHAR

RAHUL SINGH DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH

rahul GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d 0cde4dee473fe77953f5,

PARIHAR pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D48 7, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD 4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.02.17 18:40:07 +05'30'