Alok Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 16486 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 4740 of 2022
                                               (ALOK SINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 06-10-2023
                                 Shri Sanjay Kumar Patel - Advocate for appellant.

                                 Ms. Papiya Ghosh - Panel Lawyer for the respondent/State.

Heard on IA No.7043 of 2023, which is the second application under Section 389 of the Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant Alok Singh.

First application for suspension of sentence and grant of bail filed on behalf of appellant was dismissed as withdrawn by coordinate Bench of this Court vide order dated 03/09/2022.

Appellant stood convicted under Sections 304-B, 498-A of the IPC and Section 4 of the Dowry Prohibition Act and sentenced to suffer R.I. for 10 years with fine of Rs.2,000/-, R.I. for one year with fine of Rs.1,000/- and R.I. for one year with fine of Rs.1,000/- respectively with default stipulations vide judgment of conviction and order of sentence dated 13/05/2022 passed by Sessions Judge, Panna District Panna in S.T.No.46 of 2020.

Learned counsel for the appellant while seeking suspension of sentence inter alia submitted that the trial Court without appreciating the evidence wrongly convicted the appellant for the aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution. During trial the appellant remained in custody for 273 days and he is still in custody since the date of judgment i.e. 13/05/2022. This appeal is of the year 2022 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, application of appellant for suspension of sentence and Signature Not Verified Signed by: ANURAG SONI Signing time: 07-10-2023 15:27:39

grant of bail may be considered.

P er contra, learned Government Advocate while opposing the prayer, supported the judgment impugned. He contends that judgment impugned is passed upon proper evaluation of evidence placed on record, so the sentence of the appellant should not be suspended.

After hearing learned counsel for the parties, looking to the facts and circumstances of the case, the evidence available on record, and the fact that the appellant has already suffered more than two years incarceration, this appeal is of the year 2022 and there is no likelihood of early hearing of the appeal in near future, in the obtaining facts and circumstances, present appellant is held

entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.7043 of 2023 stands allowed and it is directed that the jail sentence of appellant-Alok Singh shall remained suspended and he be released on bail on his depositing fine amount, if not already deposited and upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court first on 18/12/2023 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

as

Signature Not Verified Signed by: ANURAG SONI Signing time: 07-10-2023 15:27:39