Madhya Pradesh High Court
Phool Singh vs The State Of Madhya Pradesh on 11 October, 2023
Author: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8613 of 2023
(PHOOL SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 11-10-2023
Shri Kuldeep Singh Rajpoot - Advocate for appellant.
Shri C.M. Tiwari - Government Advocate for the respondent/State.
Heard on admission.
Appeal seems to be arguable, hence it is admitted for final hearing.
Also heard on IA No.19584 of 2023, which is the first application under
Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail
moved on behalf of appellant Phool Singh. Appellant is in jail.
Appellant stood convicted under Section 307 of the IPC and sentenced
to suffer R.I. for 7 years with fine of Rs.10,000/- with default stipulations vide
judgment of conviction and order of sentence dated 30.06.2023 passed by 4th
Additional District Judge, Gadarwara, District Narsinghpur in S.T.No.103 of
2018.
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.
Appellant is in jail. Appeal is of the year 2023 and there is no likelihood of
appeal being taken up for final hearing. Under such circumstances, application
of appellant for suspension of sentence and grant of bail may be considered.
Per contra, Shri Tiwari, 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
Signature Not Verified
Signed by: DHEERAJ
PRATAP SINGH
Signing time: 12-Oct-23
10:12:15 AM
the sentence of the appellant should not be suspended.
Upon hearing learned counsel for the parties though this Court refrain
from commenting upon rival contentions touching merits of the matter and the
appeal is of the year 2023 and there is no likelihood 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.19584 of 2023 stands allowed and it is directed
that the jail sentence of appellant-Phool Singh shall remained suspended and
he be released on bail on his furnishing a personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like
amount to the satisfaction of the trial Court subject to verification of factum
regarding deposit of fine amount. Appellant is directed to appear before the trial
Court first on 21/12/2023 and on other subsequent dates as may be fixed in
this behalf.
Accordingly, I.A.No. 19584 of 2023 stands allowed and disposed of.
Certified copy as per rules.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
DPS
Signature Not Verified
Signed by: DHEERAJ
PRATAP SINGH
Signing time: 12-Oct-23
10:12:15 AM
