Rana Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 8729 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 7208 of 2023
                                                (RANA SINGH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 14-06-2023
                                Shri Rakesh Shukla - Advocate for the appellant.

                                Shri Himanshu Tiwari - Panel Lawyer for the respondent /State.

Call for trial Court record.

Heard on I.A.No.13382/2023, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant

pending the appeal.

T he appellant has been convicted for commission of offence under Sections 365 read with Section 120(B) of IPC and has been sentenced to R.I. for 03 years and fine of Rs. 1000/- with default stipulations; under Sections 177 r/w 120(B) and 205 r/w Section 120B of IPC and has been sentenced to RI for 03-03 months and fine of Rs.100/- for each offence with default stipulations and under Sections 205 r/w 120(B) and Section 201 r/w 120B of IPC by the learned 2nd Additional Sessions Judge, Maihar District Satna vide judgment dated 1.6.2023 passed in S.T. No.100250/2015 (State of M.P. Vs. Rana Singh and

another).

Learned counsel for the appellant has submitted that appellant has been released on bail till 1.7.2023 by the trial Court itself. During trial, he was on bail and he has not misused the liberty granted to him b y way of bail. Learned counsel further submitted that he has fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 6/15/2023 10:38:57 AM

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellant.

Considering the short nature of sentence and contention of learned counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.13381/2023 is allowed. The execution of jail sentence of appellant - Rana Singh is hereby suspended subject to depositing the fine amount, if not already deposited. It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of

Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court on 9.8.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for admission immediately after receipt of record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 6/15/2023 10:38:57 AM