Mickey @ Ranjeet Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 11543 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                     CRA No. 11180 of 2022
                                   (MICKEY @ RANJEET SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 24-07-2023
                                 Shri Sankalp Kochar - Advocate for appellants.

                                 Shri Devendra Shukla - Panel Lawyer for the respondent /State.

Heard on I.A No.22794/2022, which is first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of the appellants.

Appellant No.1- Mickey @ Ranjit Singh has been convicted for the offences punishable under Sections 307/34 of IPC and sentenced to undergo R.I. for 7 years and fine of Rs.4,000/- and Section 323/34 of IPC and sentenced to undergo R.I. for 6 months and fine of Rs.500/- respectively, with default stipulations.

Appellant No.2-Anuj Patel has been convicted for the offences punishable under Sections 307/34 of IPC and sentenced to undergo R.I. for 7 years and fine of Rs.4,000/-, Section 323/34 of IPC and sentenced to undergo R.I. for 6 months, fine of Rs.500/- and Section 25(1-B)(b) of the Arms Act and

sentenced to undergo R.I. for 1 year with fine of Rs.500/- respectively, with default stipulations.

Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in the matter. He also submits that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed an error in convicting the appellants for aforesaid offences. The appellants are in judicial custody and the appeal would take considerable time to conclude. They are ready to furnish adequate surety Signature Not Verified Signed by: POONAM MANEKAR Signing time: 7/25/2023 6:37:18 PM

and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence of the appellants may be considered.

On the other hand, learned counsel for the State has opposed the application and prayed for its rejection.

Heard learned counsel for the parties, perused the judgment and record of the court below.

Looking to the over all facts and circumstances of the case and the evidence available on record as well as the grounds raised about infirmities in its appreciation, this Court finds it to be a fit case to suspend the jail sentence of

the appellants and to release them on bail. Therefore, without commenting on the merit of the case, this application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellants shall remain suspended and they shall be released on bail for securing their presence before the trial Court concerned on 16.10.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the application stands allowed and disposed of. List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE pnm

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 7/25/2023 6:37:18 PM