Ram Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 14601 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      CRR No. 2740 of 2023
                                        (RAM SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 05-09-2023
                               Shri Vikas Rathi - Advocate for the applicant.

                               Shri Pranay Joshi - Panel Lawyer for the respondent/State.

Heard on I.A.No.9371/2023, which is first application under Section 397(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the applicant Ram Singh.

The applicant has been convicted under Section 337 (8 counts), 338 (15 counts), 304-A of the Indian Penal Code, 1860 and Section 3/181 and 146/196 of the Motor Vehicles Act and has been sentenced to undergo 06 months RI with fine of Rs.500/-, 01 years RI with fine of Rs.500/-, 02 years RI with fine of Rs.500/-, 02 months SI with fine of Rs.500/- and 02 months SI with fine of Rs.1,000/- with usual default stipulation.

Learned counsel for the applicant submits that applicant is an innocent person and he has been falsely implicated in this matter. During the trial applicant remained on bail and he has not misused the liberty granted to him.

There are material contradictions and omissions in the statement of the witnesses. Applicant is languishing in jail since the date of judgment i.e. from 12/06/2023. Looking to old pendency of the cases for consideration, final conclusion of this revision would take sufficient long time. There is a strong case in favour of the applicant. Hence, the execution of the remaining part of the jail sentence of the applicant be suspended till the final disposal of this revision.

Per contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection. Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 9/6/2023 11:53:41 AM

Considering all the facts and circumstances of the case, nature of the allegation levelled against the applicant and also taking note of the fact that applicant was on bail during the trial; there is no complaint that he has misused the liberty granted to him and final conclusion of the revision will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the remaining custodial sentence of the applicant.

Accordingly, I.A.No.9371/2023 is allowed and it is directed subject to deposit of fine any amount, if not already deposited, and subject to furnishing personal bond by the applicant in the sum of Rs.75,000/- (Rupees Seventy Five

Thousand Only) with separate solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the applicant shall remain suspended, till final disposal of this revision.

The applicant after being enlarged on bail shall mark his presence before the Registry of this Court on 06/12/2023 and on all such subsequent dates, which are fixed in this behalf.

Let record of the Courts below be requisitioned. Certified copy as per rules.

(ANIL VERMA) JUDGE

Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 9/6/2023 11:53:41 AM