Shukhsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 14415 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 2951 of 2023
                                          (SHUKHSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 02-09-2023
                                  Shri Arun Kumar Paterya, learned counsel for the appellants.

                                  Shri Dheeraj Budholiya, Public Prosecutor for the respondent/State.

Shri Arjun Sharma, Advocate for complainant. Heard on I.A. No. 15194/2023, which is First application for suspension of sentence and grant of bail filed on behalf of the appellant No. 1- Sukh Singh.

This appeal has been preferred against the judgment dated 13/02/2023 passed by 1st Additional Sessions Judge, District Datia in S.T. No. 200150/2015, whereby, the appellant No. 2/Chandu has been convicted under Section 329/34 of IPC and sentenced to undergo R.I. for Five Years with fine of Rs. 500/- with default stipulation.

Learned counsel for the appellant No. 2/Chandu argued that the appellant No. 1 has falsely been implicated in the case. It is further argued that there are omissions and contradictions in the evidence of the prosecution witnesses. It is further argued that prosecution has not examined any independent witness, but

only interested witnesses have been examined. It is further argued that x-ray plate has not been filed to prove the injuries. The injuries are not caused on the vital part of the body of victim. Co-accused/ Chandu has already been granted the benefit of suspension of the grant of bail vide order dated 11.8.2023 by this Court; therefore, he seeks parity. It is further argued that appellant No.1 Sukh Singh has suffered total incarceration of 7 months out of total awarded sentence of five years. There are fair chances of success of this appeal. There is Signature Not Verified Signed by: MOHD AHMAD Signing time: 02-Sep-23 5:51:36 PM

no possibility of hearing of this appeal in near future. Under these circumstances, the execution of sentence be suspended and he be released on bail.

On the other hand, learned counsel appearing on behalf of the respondent opposes the application for suspension of sentence and grant of bail filed on behalf of the appellant No.1 and prayed for its rejection.

Keeping in view the facts & circumstances of the case, but without commenting on merit of the case, I.A. No. 15194/2023, is allowed. The execution of remaining jail sentence of appellant No. 1 Sukh Singh is hereby suspended subject to deposit of the entire fine amount, if not already

deposited, and furnish personal bond in the sum of Rs.50,000/-(Rupees fifty thousand) with two solvent sureties in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 12th October, 2023 and on such subsequent dates as may be fixed in this regard, sentences of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

List this matter for final hearing in due course. Certified copy/e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

Ahmad

Signature Not Verified Signed by: MOHD AHMAD Signing time: 02-Sep-23 5:51:36 PM