Vikram Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 21452 MP

Madhya Pradesh High Court

Vikram Singh vs The State Of Madhya Pradesh on 7 August, 2024

                                                                  1                                 CRA-7203-2024
                                             IN THE HIGH COURT OF MADHYA PRADESH
                                                           AT INDORE
                                                           CRA No. 7203 of 2024
                                            (VIKRAM SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 07-08-2024
                                 Shri Virendra Sharma, counsel for the appellants.

                                 Shri Jayesh Yadav, counsel for the State.
                                 Shri Ritu Raj Bhatnagar, counsel for the objector.


                                 Heard on admission.

                                 Matter is admitted for final hearing.

                                 I.A.No. 11128/2024 is filed on behalf of objector. The same is allowed.

                                  Also heard on I.A.No.10159/2024, I application under Section 389(1) of Cr.P.C.
                           for suspension of remaining jail sentence and grant of bail on behalf to appellant Nos.2
                           and 3 namely Gopal and Balusingh arising out of judgment dated 7.6.2024 delivered in
                           S.T.No.42/2021 by II Additional Sessions Judge, Mahidpur District Ujjain.

                                 The appellants have been convicted under Sections 307/34 IPC and sentenced to
                           undergo 7 years RI each with fine of Rs.5000/- each with default stipulation.

                                    Learned counsel for the appellants while taking exception to this impugned
                           judgment submits that appellants are innocent. The role attributed to the appellant
                           Nos.2 and 3 is that they intercepted the injured Toofansingh and assaulted him with
                           kicks and fists. No grievous injuries have been found on the person of injured. The
                           appellants were in jail for 16 days during trial from 19.7.21 to 4.8.2021 and thereafter
                           from 7.6.2024 they are in custody. Thus they have completed jail sentence of two
                           months. The trial Court has not appreciated the evidence in its right perspective. There
                           are material contradictions and omissions in the statement of the witnesses. The
                           appellants have full chances to success in this appeal. It is further submitted that the
                           appeal being of the year 2024 is not likely to be heard finally in near future. There is a
                           strong case in favour of the appellants. Hence, under such circumstances prayer is made
                           for suspension of jail sentence and grant of bail to the appellants, till final disposal of
                           this appeal.

                                Per contra, learned Public Prosecutor, appearing on behalf of the respondent/State

2 CRA-7203-2024 and the objector while supporting the judgment impugned submit that no exception can be taken in the matter of suspension of sentence and grant of bail, regard being had to the nature and the gravity of offence found proved against the present appellants.

Heard learned counsel for the parties and perused the entire record with due care.

Considering the aforesaid factual backdrop, all the facts and circumstances of the case coupled with the fact that possibility of final hearing of this appeal in near future is bleak, without expressing any conclusive opinion on merits, I find it to be a fit case to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No.10159/2024 is allowed. Subject to deposit of fine amount, if not already deposited the remaining jail sentence during the pendency of the appeal is hereby suspended and it is directed that appellants Gopal and Balusingh be released on bail on their furnishing personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of learned trial Court for their appearance before the Registry of this Court on 11.09.2024 and on all such subsequent dates, which are fixed in this regard.

Accordingly, the said IA is disposed off.

Registry is directed to list the matter for final hearing in due course.

Certified copy as per rules.

(BINOD KUMAR DWIVEDI) JUDGE

MK