Jay Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 21280 MP

Madhya Pradesh High Court

Jay Singh vs The State Of Madhya Pradesh on 6 August, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                              1                               CRA-669-2023
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 669 of 2023
                                               (JAY SINGH Vs THE STATE OF MADHYA PRADESH )



                         Dated : 06-08-2024
                                  Shri Vijay Kumar Pandey - Advocate for appellant.
                                  Ms. Hemlata Kshatriya - Panel Lawyer for respondent/State.

Record of the Court below is available.

Heard on the question of admission.

The appeal being arguable, is admitted for final hearing.

Also heard on I.A No.16755 of 2024 , which is the third application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail, moved on behalf of the appellant.

His first application (I.A. No.749/2023) was dismissed for want of prosecution vide order dated 28.03.2023. Second application (I.A. No.8873/2023) was dismissed on merit vide order dated 21.07.2023 by this Court.

The appellant has been convicted for offence under Sections 419/120B of IPC and sentenced to undergo RI for 1 year with fine of Rs.5,000/-, under

Section 467/120B of IPC and sentenced to undergo RI for 5 years with fine of Rs.10,000/- with default stipulations.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. The learned trial Court has erred in not appreciating the fact that there are material omissions and contradictions in the versions of the prosecution witnesses. He further

2 CRA-669-2023 submits that there is no likelihood of hearing of appeal in near future. Hence, it is prayed that the application for suspension of sentence may be considered.

On the other hand, learned counsel for the State opposes the application and prays for its rejection.

This is third application for seeking suspension of sentence; the first one was dismissed for want of prosecution on 28.03.2023 and the second one was dismissed on merits on 21.07.2023. The reason for dismissal of second application was that the signatures of appellant were found on forged document and for this the handwriting expert report was relied upon by the prosecution.

Counsel for appellant has argued that handwriting expert report was

never produced in evidence by the prosecution nor handwriting expert was examined in the case. After going through the record of the trial Court, this contention appears to be true, therefore, this repeat application needs to be considered in the light of this newly argued material ground.

Having heard the arguments and on perusal of the record, this Court is of the considered opinion that till disposal of this appeal, execution of jail sentences awarded to the appellant under the impugned judgment deserve to be suspended. Therefore, without commenting on the merit of the case, this application is allowed.

It is directed that subject to deposit of fine amount, if already not deposited and on furnishing a personal bond by the appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like

3 CRA-669-2023 amount to the satisfaction of learned trial Court for his regular appearance before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his presence before the concerned trial Court on 12.11.2024 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

List for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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