Karan Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 3082 MP

                                                   1
                            IN THE HIGH COURT OF MADHYA PRADESH
                                          AT INDORE
                                            CRA No. 2605 of 2023
                                   (KARAN SINGH Vs THE STATE OF MADHYA PRADESH)

              Dated : 20-02-2023
                      Shri Satish Tomar - Advocate for the appellant.

                      Ms. Varsha Thakur - GA for respondent/State.

Heard on IA No.2473 of 2023, which is an application for dispensing with certified copy of the impugned judgment of the trial Court.

Certified copy of the impugned judgment has been filed in the connected case and original record has also been received. Therefore, IA No.2473 of 2023

is allowed and filing of certified copy of the impugned judgment is hereby dispensed with.

Also heard on IA No.2472 of 2023, which is an application under Section 5 of the Limitation Act for condonation of delay of 35 days in filing the appeal.

The delay has properly been explained by the appellant, therefore, IA No.2472 of 2023 is allowed and delay of 35 days in filing the appeal is hereby condoned.

Record of the trial Court has been received in the connected case. Heard on admission.

The appeal is admitted for final hearing.

Also heard o n IA No.2474 of 2023, which is an application under Section 389 of Cr.P.C. on behalf of the appellant-Karan Singh for grant of bail and suspension of remaining jail sentence.

Appellant has been convicted for the offence under Section 419, 420, Signature Not467, 468 & 471 of IPC and sentenced to 1 year R.I. with fine of Rs.1,000/-, 5 Verified Signed by: TRILOK SINGH SAVNER years R.I. with fine of Rs.1,000/-, 10 years R.I. with fine of Rs.3,000/-, 3 years Signing time: 21-Feb-23 10:56:24 AM

R.I. with fine of Rs.2,000/- and 1 year R.I. with fine of Rs.1,000/-, with usual default stipulation.

Learned counsel for the appellant submits that the appellant is innocent and he has been falsely implicated in the aforesaid offence. Appellant was remained on bail during trial and he did not misuse the liberty given to him. After the trial he is in custody since 9.7.2022 i.e. from the date of the judgment. Complainant Sarnam Singh has died without examination before the trial Court. The sale agreement which is the base of the crime, has not been exhibited during the evidence of the prosecution witnesses. Bherulal (PW-9) has turned hostile and in his cross-examination he categorically stated that he does not

want any action against the appellant Govind and Karan Singh. There is a strong case in favour of the appellant. Offence is based upon the documentary evidence. Final conclusion of appeal will take a long sufficient time. Hence he prays for grant of bail and suspension of remaining jail sentence of the appellant.

Per contra, learned GA for the respondent/State opposes the application for suspension of sentence and prays for its rejection.

After considering the facts and circumstances of the case, submissions made by learned counsel for both the parties, nature and gravity of the allegation against the appellant and also taking note of the fact that during the trial appellant was remained on bail and he did not misuse the liberty given to him, complainant Sarnam Singh has not been examined before the trial Court and agreement to sale in question has not been exhibited during the evidence, Bherulal (PW-9) has turned hostile and that final conclusion of this appeal will Signature Not Verified take a long sufficient time, I deem it proper to suspend the remaining jail Signed by: TRILOK SINGH SAVNER Signing time: 21-Feb-23 10:56:24 AM sentence of the appellant.

Accordingly, IA No.2474 of 2023 is allowed and the execution of remaining jail sentence of the appellant-Karan Singh is hereby suspended till the final disposal of this appeal and it is ordered that the appellant be released on bail on his depositing the fine amount, if not already deposited, and upon furnishing a personal bond for a sum of Rs.75,000/- with one solvent surety of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 10.8.2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

Registry is directed to list the matter for final hearing in due course. C.C. as per rules.

(ANIL VERMA) JUDGE

trilok

Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 21-Feb-23 10:56:24 AM