Sajan Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 1189 MP

                                                   1
                            IN THE HIGH COURT OF MADHYA PRADESH
                                          AT INDORE
                                           CRA No. 10125 of 2022
                                   (SAJAN SINGH Vs THE STATE OF MADHYA PRADESH)

             Dated : 19-01-2023
                      Shri Arvind Kumar Sharma - Advocate for the appellant.

                      Shri Vishal Panwar - Pl for the respondent/State.

Record of the trial Court has been received. Heard on the question of admission.

The appeal is admitted for final hearing.

Also heard on I.A. No.370/2023, which is an application under Section 389 of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the appellant Sajansingh.

Appellant has been convicted vide judgment dated 31.10.2022 passed in S.T. No.100188/2013 by I Additional Sessions Judge, Aagar, District Shajapur (M.P.) and has sentenced to under go jail sentence under Sections 420 and 409 of IPC for 03 years RI and 05 years RI with fine of Rs.5,000/- and Rs.1,00,000/- respectively with default stipulation.

Learned counsel for the appellant submit that appellant is an innocent

person and he has been falsely implicated in this matter. The appellant has already deposited the fine amount. The trial Court has erred in convicting the appellant without appreciating the evidence available on record in its true perspective. During the trial, appellant was on bail and he has not misused the liberty granted to him. There are so many material contradictions and omissions in the statement of witnesses. Looking to old pendency of the cases for Signature Not Verified consideration, final conclusion of this appeal would take sufficient long time. Signed by: SHRUTI JHA Signing time: 1/20/2023 10:14:24 AM There is a strong case in favour of the appellant. Appellant is the permanent

resident of District Agar Malwa. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

P er contra, learned counsel for the Panel Lawyer / State opposes the application for suspension of sentence and prays for its rejection.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that appellant was on bail during the trial and there is no complaint that he has misused the liberty given to him; appellant has no past criminal record and final conclusion of the appeal will also take sufficient long time. In view of the

aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A. No.370/2023 is allowed and it is directed subject to deposit of fine amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with separate solvent surety in the like amount to the satisfaction of learned trial, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 10.05.2023 and on all such subsequent dates, which are fixed in this behalf.

Registry is directed to list the appeal for final hearing in due course. Certified copy as per rules.

Signature Not Verified Signed by: SHRUTI JHA Signing time: 1/20/2023 10:14:24 AM (ANIL VERMA)

JUDGE Shruti

Signature Not Verified Signed by: SHRUTI JHA Signing time: 1/20/2023 10:14:24 AM