Vrindavan Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 15469 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRR No. 3982 of 2023
                                      (VRINDAVAN SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 20-09-2023
                                Mr. Maroof Ullah Sidddiqui, Advocate for the petitioner.

                                Mr. Girraj Soni, Panel Lawyer for the respondents - State.

Admit.

Heard on I.A.No. 16169 of 2023, first application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail to the petitioner.

The revision has been preferred by the petitioner under Section 397, 401

o f the Cr.P.C. against the impugned judgment dated 23.8.2023 in Cr.A.No. 64/2020 passed by Additional Sessions Judge, Mehgaon, District Bhind (M.P.) affirming the judgment of conviction and sentence dated 23.1.2020 passed in Criminal Case No. 727/2015 by Judicial Magistrate First Class, Mehgaon, District Bhind (M.P.) and convicting and sentencing the petitioner under Section 456 of IPC to undergo rigorous imprisonment of four months with fine of Rs.200/- and under Section 354 of IPC to undergo rigorous imprisonment of one year with fine of Rs.200/- with default stipulations.

Learned counsel for the petitioner argued that the Courts below have

wrongly appreciated the evidence and convicted the petitioner. Prosecution Witnesses Sarnam Singh (PW-2) and Kamla Bai (PW-3) have specifically stated that they have not seen the applicant while committing the offence. Prosecutrix (PW-1) in her cross-examination has admitted that after consultation with the family members, she lodged the report after two days of the incident. It is further argued that as per PW-2 Sarnam Singh at para 3, he and his son got the FIR lodged and his daughter-in-law/prosecutrix simply signed on the FIR, Signature Not Verified Signed by: ALOK KUMAR Signing time: 9/21/2023 11:47:25 AM

however, as per PW-3, it was this witness who lodged the FIR. Under these circumstances so also in the light of the fact that appellant has already served almost one month of incarceration, prayed to suspend the jail sentence of the petitioner looking to the short period of jail sentence and release him on bail.

On the other hand, learned State counsel opposed the application and prayed for rejection of the same.

In view of the facts and circumstances of the case, but without expressing any opinion on the merits of the case, the application (I.A. No. 16169 of 2023) is allowed.

It is directed that the petitioner be released on bail on his furnishing a

personal bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand Only) with one surety in the like amount to the satisfaction of the concerned trial Court. The petitioner shall now appear before the Registry of this Court 26.12.2023 and on all other dates which may be given by the Office for his appearance.

List the case for final hearing in due course. Certified copy as per rules.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 9/21/2023 11:47:25 AM