Bharat Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 3257 MP

                                                        1
                                  IN THE HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                CRA No. 9140 of 2022
                                  (BHARAT SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

               Dated : 22-02-2023
                           Shri Atul Gupta, learned counsel for appellant No.6- Saudan Singh.

                           Shri    B.M.Shrivastava,      learned    Public     Prosecutor    for   the
               respondent/State.

Heard on IA.No.2227/2023, first application u/Sec. 389 (1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Saudan

Singh.

Prosecution case is that on 10.4.2014 complainant Dharam Singh along his brothers Roop Singh, Rajkumar and Rajendra was coming to their house. At about 10 pm in front of house of Lakhan Singh, appellant and others, who were carrying Lathi & Farsa, by abusing stopped them. Thereafter accused Krishnamohan assaulted with Farsa on the head of Roopsingh, due to which he fell down. Accused Jasrath Singh assaulted Rajendra and Rajkumar with Farsa due to which they received various injuries on their person. When complainant cried, Lakhan Singh assaulted him with Lathi. When Bhojraj Singh, Virendra

Singh and Ravi came to save, accused Kuldeep, appellant- Saudan Singh and accused Jeewan, Bharat Singh and Ankit committed Marpeet with Lathi. They also committed Marpeet with Roopsingh, Rajkumar and Rajendra with Lathi. On the report, FIR was registered. Appellant along with others was arrested. After completion of investigation, charge-sheet was submitted. After trial, appellant- Saudan has been convicted under Sections 147, 148, 341, 323/149, Signature Not Verified 324/149 (on 5 counts) and under Section 307/149 of IPC with maximum jail Signed by: MADHU SOODAN PRASAD Signing time: 23-02-2023 09:46:43 AM sentence of ten years RI.

I t is submitted by learned counsel for the appellant that case of the appellant is identical to that of co-appellant Kuldeep Singh who has been granted benefit of suspension of sentence by the Coordinate Bench vide order dated 23.1.2023. After the date of judgment i.e. 18.8.2022 appellant is in custody. He has a good case on merit. Appeal is of 2022. Final hearing of the appeal will take time. Therefore, prayer for suspension of sentence has been made.

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

Considering the facts and circumstances of the case, but without

commenting upon merits of the case, IA.No.2227/2023 is allowed and it is directed that jail sentence of appellant Saudan Singh will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 10th July, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 23-02-2023 09:46:43 AM