Lalchand vs The State Of Madhya Pradesh
2023 Latest Caselaw 1411 MP

                                                   1
                            IN THE HIGH COURT OF MADHYA PRADESH
                                          AT INDORE
                                           CRA No. 10722 of 2022
                                    (LALCHAND Vs THE STATE OF MADHYA PRADESH)

              Dated : 24-01-2023
                      Shri Rishiraj Trivedi - Advocate for the appellant.

                      Shri Santosh Singh Thakur - GA for respondent/State.

Record of the trial Court has been received.

Heard on admission.

The appeal is admitted for final hearing.

Also heard on IA No.15031 of 2022, which is an application under

Section 389 of Cr.P.C. on behalf of the appellant-Lalchand for grant of bail and suspension of remaining jail sentence. Appellant has been convicted under Section 420, 467, 468, 471 of IPC and sentenced to 7 year R.I. with fine of Rs.1,000/-, 10 year R.I. with fine of Rs.1,000/-, 7 year R.I. with fine of Rs.1,000/- and 7 year R.I. with fine of Rs.1,000/- respectively with default stipulation.

Learned counsel for the appellant contended 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. He

is in custody since 10.11.2022 i.e. from the date of judgment of the trial Court. Appellant is a 61 years old person. Prosecution witness Mubarik Khan (PW-3) and IO Nagji Pargi (PW-12) admits in their cross-examination that the land mentioned in the BhuAdhikar and Rin Pustika was registered in the name of the present appellant/accused and the appellant was the actual owner of the Signature Notaforesaid Verified land. There is a strong case in favour of the appellant. Final Signed by: TRILOK SINGH SAVNER conclusion of appeal will take a long sufficient time. Hence he prays for grant of Signing time: 25-Jan-23 10:26:59 AM

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 appellant was remained on bail during the trial and he did not misuse the liberty given to him, he is a 61 years old person, he is in custody since 10.11.2022 and that final conclusion of this appeal will take a long sufficient time, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, IA No.15031 of 2022 is allowed and the execution of remaining jail sentence of the appellant-Lalchand 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 4.5.2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

List for final hearing in due course.

C.C. as per rules.

Signature Not Verified                                                      (ANIL VERMA)
Signed by: TRILOK SINGH
                                                                               JUDGE
SAVNER
Signing time: 25-Jan-23
10:26:59 AM trilok





Signature Not Verified
Signed by: TRILOK SINGH
SAVNER
Signing time: 25-Jan-23
10:26:59 AM