Kirtan Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 3474 MP

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   HIGH COURT OF MADHYA PRADESH AT INDORE
            CRIMINAL APPEAL NO.2694 OF 2023
            (Kirtan Singh vs The State of Madhya Pradesh)


Indore, Dated 27.02.2023
      Mr. Padmanabh Saxena, counsel for the appellant.
      Mr. Viraj Godha, counsel for the respondent/State.

Counsel for the appellant submits that the defects as pointed out by the Office has been cured.

In view of the above, no further order is required to be passed in IA No.2836/2023. Accordingly, IA No.2836/2023 stands disposed of.

Let record of the Court below be requisitioned. Also heard on IA No.2627/2023 which is first application under Section 389 (1) of Criminal Procedure Code, 1973, filed on behalf of appellant - Kirtan Singh S/o Uday Singh who has been convicted by learned Sessions Judge, Jhabua, in Session Trial No.159/2020 vide judgment dated 08.02.2023 and has been sentenced him as under:

              Conviction                          Sentence
     Section & Act    Imprisonment        Fine      Imprisonment in
                                         Amount       lieu of fine
        420 IPC        01 year RI         500/-       01 month RI
        409 IPC        03 years RI        500/-       01 month RI
        467 IPC        03 years RI        500/-       01 month RI

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.2694 OF 2023 (Kirtan Singh vs The State of Madhya Pradesh)

468 IPC 01 year RI 500/- 01 month RI 471 IPC 01 year RI 500/- 01 month RI 3/7 EC Act. 01 year RI 500/- 01 month RI

Counsel for the appellant submits that appellant was on bail during trial and appeal and he did not misuse the liberty so granted to him. He also submits that after the conviction, the jail sentence of appellant has been suspended. The final hearing of appeal may take a long time. With these submissions, suspension has been sought.

Per contra, counsel for the State opposes the prayer for grant of suspension and bail to the appellant.

After hearing learned counsel for the parties and taking into consideration the fact that the appellant was on bail during trial and has not misuse the liberty so granted to him and the final hearing of appeal may take a long time, accordingly the application IA No.2627/2023 is being allowed.

It is directed that substantive jail sentence of appellant - Kirtan Singh S/o Uday Singh shall be suspended subject to his depositing the fine amount (if not already deposited) and on

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.2694 OF 2023 (Kirtan Singh vs The State of Madhya Pradesh)

furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one local solvent surety of like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 16.08.2023 and on all other subsequent dates as may be fixed by the Registry in this behalf. Accordingly, application IA No.2627/2023 stands disposed off.

List the appeal for admission along with the record. Certified copy, as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

Arun/-

Digitally signed by ARUN NAIR Date: 2023.02.27 18:30:50 +05'30'

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.2694 OF 2023 (Kirtan Singh vs The State of Madhya Pradesh)