Saudan Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 94 MP

                                                       1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT GWALIOR
                                               CRA No. 11144 of 2022
                                 (SAUDAN SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

               Dated : 02-01-2023
                           Shri Anshu Gupta, learned counsel for the appellant.

                           Shri Kaushlendra      Singh,    learned    Public Prosecutor for the
               respondent/State.

Heard on IA.No.18602/2022, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant No.1-

Saudan Singh.

I n brief prosecution case is that on 25.6.2017 in the morning at 8 am complainant along with his two sons was coming to his house from the field. On the way, near a culvert present appellant Saudan Singh along with his brothers Balveer Singh and Mukesh and uncle Maheep detained them and created disputed due to agricultural field. Thereafter, Balveer took out country- made pistol and with intention to kill Ramkishan fired on him, which passed through near his temple. On listening the sound of fire, Ramkishan fell down and thereafter tried to ran away, then present appellant Saudan after taking

country-made pistol from Balveer, fired twice on Ramkishan, but he escaped. Complainant and his son tried to catch hold of Saudan, but he ran away. On his report, offence was registered. Appellant and co-accused were arrested. After investigation, charge-sheet has been filed. After trial, appellant Saudan Singh has been convicted under Sections 341, 307/34 of IPC and Section 27 and 25(1-b)

(a) of the Arms Act and sentenced to fine of Rs.500/-, 5 year RI with fine of Signature Not Verified Rs.500/-, 3 year RI with fine of Rs.500/- and 1 year RI with fine of Rs.500/- Signed by: MADHU SOODAN PRASAD Signing time: 03-01-2023 10:00:30 AM respectively with default stipulation.

I t is submitted by learned counsel for the appellant that during trial appellant was on bail, but he did not misuse the liberty so granted. Amount of fine has been deposited by him. During trial, he remained in custody for 3 months and 13 days and thereafter from the date of judgment i.e. 16.11.2022 he is in custody. Final hearing of the appeal will take time and appellant has a good case on merit. Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.18602/2022 is allowed and it is

directed that jail sentence of appellant No.1- Saudan Singh will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 24th April, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 03-01-2023 10:00:30 AM