Madhya Pradesh High Court
Nunni Singh vs The State Of M.P. on 18 October, 2023
Author: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2094 of 2004
(NUNNI SINGH Vs THE STATE OF M.P.)
Dated : 18-10-2023
Shri Ranjan Banerjee - Advocate for appellant.
Ms. Shanti Tiwari - Panel Lawyer for the respondent/State.
Appellant is produced by the escort in compliance of the arrest warrant
issued by this Court vide order dated 21.09.2023.
His presence is marked and he be sent back to concerned jail for
undergoing the remaining jail sentence awarded to him by the trial court with
the same escort.
Also heard on IA No.25137 of 2023, which is the second application
under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of
bail moved on behalf of appellant. Appellant is in jail. First application was
dismissed on 13.12.2004.
Appellant stood convicted under Sections 325 of the IPC and sentenced
to suffer R.I. for 1 year with fine of Rs.500/- with default stipulations vide
judgment of conviction and order of sentence dated 30.11.2004 passed by
Special Judge (Atrocities), Damoh District, Damoh in Special Case No.54/2001.
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 2004 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.
Signature Not Verified
Signed by: DHEERAJ
PRATAP SINGH
Signing time: 19-Oct-23
10:32:18 AM
P e r contra, learned counsel for State 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.
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 2004 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.25137 of 2023 stands allowed and it is directed
that the jail sentence of appellant 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 concerned trial Court
on 18.12.2023 and on other subsequent dates as may be fixed in this behalf.
Accordingly, I.A.No. 25137 of 2023 stands allowed and disposed of.
Certified copy today.
List the case for final hearing on 22.11.2023.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
DPS
Signature Not Verified
Signed by: DHEERAJ
PRATAP SINGH
Signing time: 19-Oct-23
10:32:18 AM
