Madhya Pradesh High Court
Sher Singh vs The State Of Madhya Pradesh on 5 October, 2023
Author: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 2289 of 2023
(SHER SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 05-10-2023
Shri B.J. Chourasiya - Advocate for the applicant.
Shri Dinesh Patel - Dy. Government Advocate for the respondent/State.
Shri Sudeep Kumar Patel - Advocate for the objector.
Heard on I.A. No.22689/2023, which is the second application under
Section 379(1) of the Cr.P.C. for suspension of sentence and grant of bail filed
on behalf of sole applicant.
First application for suspension of sentence and grant of bail filed on
behalf of applicant was dismissed as withdrawn vide order dated 08/08/2023.
T his revision has been filed against the judgment dated 19/05/2023
passed by 26th Additional Sessions Judge, Bhopal in Criminal Appeal
No.7/2023 arising out of judgement dated 23/12/2022 passed by Judicial
Magistrate, First Class, Bhopal in RCT No.9831/2014, whereby learned trial
Court found the applicant guilty for the offences punishable under Sections
457, 354 of the IPC and sentenced him to undergo R.I. for three years with fine
of Rs.5,000/- and R.I. for three years with fine of Rs.5,000/- respectively with
default stipulations and learned Appellate Court partly allowed the appeal filed
by the applicant and acquitted the applicant from the offence punishable under
Section 457 of the IPC and while maintaining the conviction under Section 354
of the IPC reduced the sentence to two years with fine of Rs.5,000/- with
default stipulation.
Learned counsel for the applicant submitted that learned trial Court as
well as appellate Court without appreciating the evidence wrongly found the
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 05-10-2023
17:06:06
applicant guilty for the aforesaid offence. The applicant was on bail during trial
and he never misused the liberty granted to him. The applicant has been in
custody since the date of judgment i.e. 19/05/2023. Hence, prayed for
suspension of the jail sentence and release of the applicant on bail, since the
final hearing of this revision will take time.
Per contra, learned Dy. Government Advocate opposed the prayer and
submitted that the guilty of applicant is proved beyond reasonable doubt, so
learned trial Court as well as Appellate Court did not commit any mistake in
convicting the applicant for the aforesaid offence. It is prayed that application
for suspension of sentence and grant of bail be rejected.
Learned counsel for the objector submits that he has no objection if this
Court allowed the application for suspension of sentence and grant of bail.
Looking to the facts and circumstances of the case, contention of learned
counsel for the applicant and the fact that applicant is in judicial custody since
19/05/2023 and according to listing policy the hearing of this revision will take
time, the application is allowed. It is, therefore, directed that execution of the jail
sentence passed against the applicant shall remain suspended during the
pendency of this revision and he be released on bail upon furnishing personal
bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand only) with one
surety in the like amount to the satisfaction of the trial Court, subject to
verification of factum regarding deposit of fine amount. Applicant is directed to
appear before the trial Court concerned on 18/12/2023 and on such further
dates as may be fixed by it in this regard during the pendency of this revision.
List the case for final hearing in due course.
Certified copy as per rules.
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 05-10-2023
17:06:06
(ROOPESH CHANDRA VARSHNEY)
JUDGE
as
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 05-10-2023
17:06:06
