Sanjeev Singh Tomar vs The State Of Madhya Pradesh
2023 Latest Caselaw 311 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                            CRA No. 2944 of 2022
                (SANJEEV SINGH TOMAR Vs THE STATE OF MADHYA PRADESH)

Dated : 05-01-2023
      Shri Pradhuman Singh Bhadauria, learned counsel for the petitioner.

      Shri C.P. Singh, learned Panel Lawyer for the respondent/State.

Heard on I.A.No. 15643 of 2022, an application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant.

The appeal has been preferred by the appellant under Section 389(1) of

the Cr.P.C. against the impugned judgment dated 15.03.2022 passed by Fourth Additional Sessions Judge, Bhind, (M.P.) convicting the appellant for the offence punishable under Section 307 of IPC and sentencing him to undergo 5 years of imprisonment and fine of Rs.3000/-, with default stipulation.

Learned counsel for the appellant argued that the Courts below have wrongly appreciated the evidence and convicted the appellant. It is further argued that trial court has convicted the appellant ignoring the fact that allegedly incident took place on 18.08.2022, however, the FIR was lodged after a delay of almost one month on 13.09.2022. There are material contradiction in respect

to the act attributed to present appellant to commit injury to the injured and the material independent witnesses has turned hostile. The appellant has already suffered more than almost one year of incarceration out of total sentence awarded to him. He was on bail during trial and never misused the liberty granted to him. Hence, it has been prayed that the petitioner be released on bail.

On the other hand, learned Public Prosecutor opposed the application and prayed for rejection of the same.

In view of the facts and circumstances of the case, but without

expressing any opinion on the merits of the case, the application (I.A. No. 15643 of 2022) is allowed.

It is directed that the petitioner be released on bail on his furnishing a personal bond in the sum of Rs. 1,00000/- (Rs. One Lakh Only) with one surety in the like amount to the satisfaction of the concerned trial Court. The appellant shall now appear before the Registry of this Court on 02.03.2023 and on all other dates which may be given by the Office for his appearance.

List the case for hearing in due course.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

Vishal

PRACHI Digitally signed by PRACHI MISHRA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=cc727abda3453804cde48b1afcb367afdaf9 78aea111b1ff29eae55fd213bc09,

MISHRA pseudonym=2989C2368D959ACCC89B7B9F9684E8 5AC46EB3A3, serialNumber=C1F6C7B3B2D7FCD42440840CF9E7A 7C177E01EABE96DBBA40D811ECEC6E23BC5, cn=PRACHI MISHRA Date: 2023.01.06 10:51:24 -08'00'