Hari Singh vs The State Of M.P,
2023 Latest Caselaw 7764 MP

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        IN THE HIGH COURT OF MADHYA PRADESH
                             AT GWALIOR
                              CRA-487-2005
              (HARI SINGH Vs . STATE OF MADHYA PRADESH)

DATED:- 11-05-2023

      Shri Prem Singh Bhadauriya - Advocate for the appellant.
      Shri G.S. Chauhan - Public Prosecutor for the respondent/State.

Heard on I.A. No.8744/2023, 4th application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the sole appellant- Hari Singh.

This appeal has been preferred against the judgment dated 07/07/2005 passed by Additional Session Judge Sabalgarh to Additional Judge, District- Morena (M.P.) in S.T. No.304/2002, whereby the appellant has been convicted and sentenced as under:-

Sections Sentence Fine (Rs.) Default Stipulation

397 of IPC 7 Years RI - -

Learned counsel for the appellants submits that appellant is aged 85 years and he has been falsely implicated in this case. He is not concerned with the case directly or indirectly. The appellant has been wrongly convicted by the learned trial Court. The appellant is the permanent resident of District- Morena (M.P.) and there are fair chances of success of this appeal and the appeal may take long time for its conclusion and the appellant cannot be kept in custody for an unlimited period. Under these circumstances, the execution of sentence be suspended and the appellant

be released on bail.

On the other hand, learned Public Prosecutor appearing on behalf of the respondent/State opposed the application and prayed for rejection of this application.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A. No.8744/2023 is allowed.

It is, therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnish personal bond in the sum of Rs.15,000/-(Rupees Fifteen Thousand Only) to the satisfaction of trial Court for his appearance before the Registry of this Court on 20th of November, 2023 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him, shall remain suspended till further orders and he shall be released on bail.

IA No.8744/2023 stands allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

rahul Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH

RAHUL SINGH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab67 6d0cde4dee473fe77953f5,

PARIHAR pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D 487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910 FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.05.12 17:48:48 +05'30'