Shiv @ Tinu Chauhan vs The State Of Madhya Pradesh
2023 Latest Caselaw 4008 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 3411 of 2023
                                    (SHIV @ TINU CHAUHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 14-03-2023
                                Ms. Jyoti Tiwari - Advocate for appellant.

                                Mr. Abhishek Bhargava - Panel Lawyer for the respondent/State.

Heard on I.A.No.3389/2023, which is first application under Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the sole appellant Shiv @ Tinu Chauhan.

Appellant stands convicted vide judgment dated 15/02/2023 passed in Special S.T.No.49/2018 by Special Judge, Mandsaur (M.P.) under Sections 354 and 354-A of Indian Penal Code, 1860 and has been sentenced to undergo 01 year RI with fine of Rs.500/- and 01 year RI with fine of Rs.500/- respectively with usual default stipulation.

Learned counsel for the appellant submits that appellant is an innocent person and he has been falsely implicated in this matter. During the trial appellant was on bail and he has not misused the liberty granted to him. His jail sentence has also been suspended by the Trial Court. There are material

contradictions and omissions in the statement of the witnesses. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. There is a strong case in favour of the appellant. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

Per contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection.

Considering all the facts and circumstances of the case, nature of the Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 3/14/2023 6:51:13 PM

allegation levelled against the appellant and also taking note of the fact that appellant was on bail during the trial; there is no complaint that he has misused the liberty granted to him and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No.3389/2023 is allowed and it is directed subject to deposit of fine any amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with separate solvent surety in the like amount to the

satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 11/09/2023 and on all such subsequent dates, which are fixed in this behalf.

Registry is directed to requisition the record of the trial Court. Certified copy as per rules.

(ANIL VERMA) JUDGE

Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 3/14/2023 6:51:13 PM