Madhya Pradesh High Court
Deep Singh vs The State Of Madhya Pradesh on 30 January, 2023
Author: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 11242 of 2022
(DEEP SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 30-01-2023
Shri Ajay Bagadia - Senior Advocate with Shri Gajendra Singh
Chouhan - Advocate for the appellant.
Shri Kapil Mahant - PL for respondent/State.
Record of the court below has been received.
Heard on admission.
The appeal is admitted for final hearing.
Heard on IA No.16592 of 2022 and IA No.16593 of 2022, which are the
applications for urgent hearing.
The matter is already taken up for hearing, therefore, both these IAs are
disposed of being rendered infructuous.
Also heard on IA No.15571 of 2022, which is an application under
Section 389(1) of Cr.P.C. on behalf of the appellant-Deep Singh for grant of
bail and suspension of remaining jail sentence.
Appellant-Deep Singh has been convicted under Section 403, 420, 471,
120-B of IPC and sentenced to 2 years R.I. with fine of Rs.2,000/-, 3 years R.I.
with fine of Rs.2,000/-, 5 years R.I. with fine of Rs.2,000/- and 5 years R.I.
with fine of Rs.2,000/-, respectively, with usual default stipulation.
Learned counsel for the appellant contended that the appellant is innocent
and he has been falsely implicated in this matter. He is in custody since
24.11.2022 i.e. from the date of judgment of the trial Court. He was remained
Signature Noton bail during trial and he did not misuse the liberty given to him. Complainant
Verified
Signed by: TRILOK SINGH
SAVNER
Atmaram (PW-1) admits in his cross-examination that appellant Deep Singh did
Signing time: 31-Jan-23
10:27:40 AM
not commit any fraud with him. There is no evidence on record against the
appellant to connect him with the aforementioned offence. There is a strong
case in favour of the appellant. 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 by submitting that on the
basis of the cogent evidence trial Court has rightly convicted and sentenced the
appellant, therefore, he does not deserve for any relief.
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,
complainant Atmaram (PW-1) himself has admitted in his statement that
appellant Deep Singh has not committed any fraud with him and this fact has
been mentioned by the trial Court in Para-58 of the impugned judgment 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.15571 of 2022 is allowed and the execution of
remaining jail sentence of the appellant-Deep 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
Signature Not Verified
appear before the Registry of this Court on 18.7.2023 and on such other dates,
Signed by: TRILOK SINGH
SAVNER
Signing time: 31-Jan-23
10:27:40 AM
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 appeal 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: 31-Jan-23
10:27:40 AM
