Antarsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 19101 MP

                                                                  1
                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                          AT INDORE
                                                          CRA No. 9748 of 2018
                                                  (ANTARSINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 09-11-2023
                                     Shri Arjun Pathak, learned counsel for the appellant.

                                     Shri   Gaurav     Singh    Chouhan,      learned    Dy.    G.A.   for   the
                           respondent/State.

Heard on I.A. No.8313/2022, which is first application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf

of appellant-Antar Singh.

2. The trial Court has convicted the appellant under Section 302 of the I.P.C. and sentenced to undergo Life Imprisonment with fine of Rs.1,000/- and under section 325 of the IPC and sentenced to undergo 2 years R.I. with fine of Rs.1,000/-, with default stipulation respectively, vide judgment of conviction and order of sentence dated 20.01.2009 passed by the Sessions Judge, Dhar (M.P.) in S.T. No.158/2008.

3. Vide letter dated 14.09.2022 a report has been received from Principal District and Sessions Judge and according to the report original record of S.T.

No.158/2008 is destroyed and reconstruction of the report has not been done so far.

4. Learned counsel for the appellant submits that appellant is pressing this application only on the basis that appellant has completed incarceration since 06.04.2008 and the final hearing of the appeal is not possible in future therefore, prayer is made for suspension of jail sentence and grant of bail to the appellant.

5. Learned Dy. Govt. Advocate for the respondent/State has opposed the prayer of the appellant.

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 09-11-2023 18:36:04

6. We have heard learned counsel for both the parties and perused the record.

7. Looking to the facts and circumstances of the case, also considering the custodial period of the appellant coupled with the fact that reconstruction of record is required and the final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, the application I.A. No.8313/2022 is allowed and the jail sentence of the appellant shall remain suspended.

8. It is directed that subject to depositing the fine amount, if already not deposited, appellant shall be released on bail, on furnishing personal bond in the

sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 29.01.2024, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

9. Trial Court is directed to reconstruct the record of S.T. No.158/2008 within a period of six months.

10. Registry is directed to inform the trial court for compliance of this order.

11. List for final hearing in due course.

C.C. as per rules.

                                  (S. A. DHARMADHIKARI)                          (PRAKASH CHANDRA GUPTA)
                                           JUDGE                                          JUDGE

                           ajit




Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 09-11-2023
18:36:04