Raksingh And 2 Ors vs The State Of Madhya Pradesh
2023 Latest Caselaw 11062 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE

                           CRA No. 1459 of 2013
          (RAKSINGH AND 2 ORS AND OTHERS Vs THE STATE OF MADHYA PRADESH)



Dated : 17.07.2023

      Shri Akkshat Pahadia- Advocate for the appellant.
      Shri K. K. Tiwari - Government Advocate for the respondent/State.

Heard on I.A. No.2500/2023, which is the third application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail filed on behalf of the appellant No.2 - Nawal Singh.

(2) The appellant has been convicted and sentenced by the Additional Judge to Additional Sessions Judge, Kukshi, District- Dhar in S.T. No.419/2011 vide judgment dated 20.09.2013 as under:-

        Conviction                              Sentence
  Section & Act           Imprisonment        Fine imposed Imprisonment in
                                                           lieu of fine

  Sec.302/34 of IPC       Life imprisonment Rs.1000/-      6 months R.I.

  Sec.25 of Arms Act      01 year             Rs.500/-     3 months R.I.

(3) Learned counsel for the appellant submits that the trial court has committed grave error in convicting the appellant. The trial court has not properly appreciated the evidence and there are so many contradictions and omissions in the statements of the prosecution witnesses. He further submits that the appellant is in jail for more than 10 years and 8 months and it is a case of private defence and the final hearing of the appeal will take a long

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time, hence, keeping in view the aforesaid circumstances, it is prayed that the application for suspension of sentence be allowed. (4) Learned counsel for the respondent/State opposed the prayer for grant of bail.

(5) Heard the learned counsel for the parties and perused the record. (6) Considering the facts and circumstances of the case as well as the arguments advanced by the learned counsel for the parties and also the fact that the appellant has been incarcerated for more than 10 years and there is no likelihood of final hearing of the appeal in near future and also keeping in view the statements of PW-3 para 9 of the judgment of the trial court, without commenting upon the merits of the case, this Court is of the opinion that the appellant deserves to be released on bail. Accordingly I.A. No.2500/2023 is allowed.

(7) It is directed that if the appellant No.2 - Nawal Singh deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-(Rupees fifty thousand) with a solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial court on 22nd December, 2023 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

C.C. as per rules.

            (S. A. DHARMADHIKARI )                                     (HIRDESH)
                    JUDGE                                                JUDGE
  N.R.



Digitally signed by
NARENDRA KUMAR
RAIPURIA
Date: 2023.07.18
14:03:33 +05'30'