Samsingh @ Shyam Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 600 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      CRA No. 9975 of 2022
                                        (SAMSINGH @ SHYAM SINGH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 10-01-2023
                                Shri Gyanendra Sharma - Advocate for appellant.

                                Shri Kapil Mahant - Panel Lawyer for the respondent/State.

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

The appeal is admitted for final hearing.

Also heard on I.A. No.14228 of 2022, which is an application under Section 389 of Cr.P.C. for grant of bail and suspension of remaining jail sentence of the sole appellant.

Appellant has been convicted vide judgment dated 29/03/2022 passed in Special Case No.18/2020 by Special Judge, Barwaha, District Mandleshwar under Sections 450 and 376(1) of Indian Penal Code, 1860 and has been sentenced to undergo 05 years RI and 10 years RI with fine of Rs.1,000/- and Rs.10,000/- respectively with usual default stipulation.

Learned counsel for the appellant submit that appellant is an innocent

person and he has been falsely implicated in this matter. Prosecutrix was major at the time of incident. FIR is belated without any satisfactory reason. There are material contradictions and omissions in the Court statement and police statement of the prosecutrix. PW-8 has turned hostile and has not supported the prosecution story. Appellant is languishing in jail since 01/05/2018 and has already suffered jail incarceration for more than four years and seven months. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. There is a strong case in favour of the Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 1/11/2023 4:53:49 PM

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

Per contra, learned counsel for the respondent / 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 prosecutrix was major at the time of incidence; appellant has already suffered jail incarceration for a period of four years and seven months; FIR is also belated 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.14228 of 2022 is allowed and it is directed subject to deposit of fine any 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 Court for his appearance before the Registry of this Court, 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 20/03/2023 and on all such subsequent dates, which are fixed in this behalf. Registry is directed to list the matter for final hearing in due course.

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

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 1/11/2023 4:53:49 PM

(ANIL VERMA) JUDGE Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 1/11/2023 4:53:49 PM