Shivmangal Singh Pentro vs The State Of Madhya Pradesh
2023 Latest Caselaw 19741 MP

Madhya Pradesh High Court

Shivmangal Singh Pentro vs The State Of Madhya Pradesh on 24 November, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 7083 of 2023
                                        (SHIVMANGAL SINGH PENTRO Vs THE STATE OF MADHYA PRADESH)

                           Dated : 24-11-2023
                                 Shri R.D. Singh - Advocate for appellant.

                                 Mrs. Shanti Tiwari - Panel Lawyer for respondent /State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on I.A. No.24582/2023, this is first application for

suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant-Shivmangal Singh.

The appellant has been convicted vide judgment dated 25/05/2023 passed by Additional Sessions Judge, Beohari District Shahdol in S.T. No. 34/2017 and appellant has been convicted for offence punishable under Sections 409, 467, 468 and 471 of IPC and sentenced to undergo RI for 7 years, 5 years, 5 years and 2 year and to pay fine amount of Rs.5,000/-, Rs.2,000/-, Rs.2,000/- and Rs. 1,000/- respectively with usual default stipulations.

Learned counsel for the appellant submits that the trial Court has not

properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellant for aforesaid offence. Learned counsel for appellant submits that appellant has already deposited the embezzled amount before the trial Court and appellant has already suffered more than 1 year custodial sentence. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellant may turn infructuous. Under these circumstances, learned counsel for appellant prays for

suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal.

O n the other hand, learned Panel Lawyer has opposed the contention rais ed by learned counsel for appellant and prays for rejection of said application.

Looking to the aforesaid facts and circumstances of the case coupled with the fact that appellant has already deposited the embezzled amount before the trial Court and appellant has already suffered more than 1 year custodial sentence and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining

jail sentence passed against appellant - Shivmangal Singh s hall remain suspended during the pendency of this appeal subject to depositing entire fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety in like amount to the satisfaction of the trial Court for securing his presence before the trial Court on 02/01/2024 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

Trial Court is directed to kept the amount deposited by the appellant in FDR.

List the appeal for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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