Sugharsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 16366 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                     CRA No. 10793 of 2023
                                             (SUGHARSINGH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 05-10-2023
                                Mr. Raj Kumar Gatwar, Advocate for the appellant.

                                Mr. P.P.S. Bazeeta, Dy. P.P. for the respondent - State.

Heard on I.A. No.18143 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail filed by the appellant.

This Criminal Appeal assails the judgment dated 01.08.2023 passed by

Special Judge (M.P.D.V.P.K. Act) District Shivpuri in Special Session Trial No. SC DOCT/14/2017, whereby appellant has been convicted under Sections 394 and 120-B of IPC and has been sentenced to undergo rigorous imprisonment of 7 years with fine of Rs.2000/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly been convicted the appellant without proper appreciation of facts of the case as well as evidence available on record. He has further submitted that there is material omissions and contradictions in the statements of prosecution witnesses. Further argument is that the appellant has already suffered almost one

year of incarceration. Jail sentence of co-accused Palvindar Singh @ Balvindar Singh @ Aman Singh Gill has already been suspended by order dated 26.9.2023 passed in CRA No. 10404 of 2023 and case of the present appellant is on better footing than the co-accused. The appeal is likely to take long time to conclude. Hence, he prayed to suspend the jail sentence and grant of bail to appellant.

Counsel for the State vehemently opposed the application and prayed for Signature Not Verified Signed by: ALOK KUMAR Signing time: 10/5/2023 09:44:59 PM

its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 18143 of 2023, is hereby allowed subject to depositing of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousands only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed

to mark his appearance before the Office of this Court on 20/12/2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 10/5/2023 09:44:59 PM