Amarsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 3772 MP

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   HIGH COURT OF MADHYA PRADESH AT INDORE
            CRIMINAL APPEAL NO.2406 OF 2023
            (Amarsingh vs The State of Madhya Pradesh)


Indore, Dated 03.03.2023
      Mr. Shahid Sheikh, counsel for the appellant.
      Mr. Sudhanshu Vyas, counsel for the respondent/State.

Heard on IA No.2228/2023 which is first application under Section 389 (1) of Criminal Procedure Code, 1973, filed on behalf of sole appellant - Amarsingh S/o Raghuram Nal who has been convicted by learned 05 th Additional Sessions Judge, Dewas, in Session Trial No.231/2020 vide judgment dated 21.04.2022 and has been sentenced him as under:

              Conviction                         Sentence
     Section & Act   Imprisonment        Fine     Imprisonment in
                                        Amount      lieu of fine
        399 IPC       10 years RI       2000/-      03 months RI
        402 IPC       07 years RI       2000/-      03 months RI
       25(1-B)(B)     03 years RI       2000/-      03 months RI
        Arms Act

Counsel for the appellant submits that co-accused persons namely; Rajendra and Kamal Nal have been released on bail and their jail sentence have been suspended. The appellant is in jail for about two years and seven months. There is no likelihood of hearing of appeal in near future. With these submissions,

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.2406 OF 2023 (Amarsingh vs The State of Madhya Pradesh)

suspension has been sought.

Per contra, counsel for the State supports the impugned order of conviction and sentence and submits that from the possession of present appellant knife was seized. Hence prays for rejection of suspension of sentence of appellant.

After hearing learned counsel for the parties and taking into consideration the fact that the appellant has already undergone the jail sentence of more than two years and seven months and that there is no likelihood of early hearnig of appeal in near future, without expressing anything on merits of the case, the application IA No.2228/2023 is being allowed.

It is directed that substantive jail sentence of appellant shall be suspended subject to his depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one local solvent surety of like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 18.08.2023 and on all other subsequent dates as may be fixed by the Registry in this behalf. Accordingly, application IA

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.2406 OF 2023 (Amarsingh vs The State of Madhya Pradesh)

No.2228/2023 stands disposed of.

List the appeal for final hearing in due course. Certified copy as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

Arun/-

Digitally signed by ARUN NAIR Date: 2023.03.03 19:23:26 +05'30'

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.2406 OF 2023 (Amarsingh vs The State of Madhya Pradesh)