Santosh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7609 MP

                                                  1
                           IN THE HIGH COURT OF MADHYA PRADESH
                                         AT INDORE
                                           CRA No. 4355 of 2023
                                    (SANTOSH Vs THE STATE OF MADHYA PRADESH)

              Dated : 09-05-2023
                      Shri Rishiraj Trivedi - Advocate for the appellant.

                      Shri Ajay Raj Gupta - PL for respondent/State.

Heard on I.A.No.5875 of 2023, which is an application under Section 389(1) of Cr.P.C. on behalf of the appellant-Santosh for grant of bail and suspension of remaining jail sentence.

Appellant stands convicted vide judgment dated 10/03/2023 passed in

S.T.No.300010/2016 by I Additional Sessions Judge, West Nimar, Mandleshwar (M.P.) for the offence under Sections 420/34, 467/34, 468/34 and 471/34 of Indian Penal Code, 1860 and has been sentenced to undergo 7 years RI with fine of Rs.1,50,000/-, 3 years R.I. with fine of Rs.1,50,000/-, 3 years R.I. with fine of Rs.1,50,000/- and 2 years R.I. with fine of Rs.1,00,000/- respectively, with usual default stipulation.

Learned counsel for the appellant submits that the appellant is an innocent person. He is a 65 years old person and suffering jail incarceration since 10.3.2023 i.e. from the date of judgment passed by the trial Court. During the

trial he was remained in custody from 20.9.2015 to 3.11.2015 and for rest of the period he was remained on bail and did not misuse the liberty given to him. Trial court has failed to appreciate the material contradictions and omissions in the statement of the witnesses. Co-accused Rikkhiram's application under Section 389(1) of Cr.P.C. has been allowed by this Court vide order dated 21.4.2023 Signature Notpassed Verified in CRA No.4289/2023 in the similar circumstances. As per the judgment Signed by: TRILOK SINGH SAVNER of the trial Court, case of both the accused persons is similar. There is a strong Signing time: 10-May-23 11:15:10 AM

case in favour of the appellant. Final conclusion of appeal will take a long sufficient time. Hence he prays for grant of bail and suspension of remaining jail sentence of the appellant.

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

Considered the facts and circumstances of the case, submissions made by learned counsel for both the parties and nature and gravity of the allegation against the appellant. From perusal of the handwriting expert's report (Ex.P/67 & P/68) it appears that although signature of the appellant Santosh has been found on certain documents but the handwriting expert did not gave any report

that the accused/appellant Santosh signed as Kantabai on certain documents. On the same set of evidence, co-accused Kantabai and Badshah have been acquitted by the trial Court. Final conclusion of this appeal will take a long sufficient time. In view of the above, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A.No.5875 of 2023 is allowed and the execution of remaining jail sentence of the appellant-Santosh is hereby suspended till the final disposal of this appeal and it is ordered that the appellant be released on bail on his depositing the fine amount, if not already deposited, and upon furnishing a personal bond for a sum of Rs.75,000/- with one solvent surety of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 1.11.2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

Signature Not Verified C.C. as per rules.

Signed by: TRILOK SINGH SAVNER Signing time: 10-May-23 11:15:10 AM

(ANIL VERMA) JUDGE trilok

Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 10-May-23 11:15:10 AM