Jagat Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 6702 MP

Madhya Pradesh High Court

Jagat Singh vs The State Of Madhya Pradesh on 5 March, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        CRA No. 6248 of 2022
                                        (JAGAT SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 05-03-2024
                               Shri O.P. Tripathi - Advocate for the appellants.

                               Shri D.K. Shukla - Panel Lawyer for the respondent/State.

Heard on I.A No.3655/2024, which is the repeat (second) application under Section 389 (1) of Cr.P.C for suspension of sentence and grant of bail, moved on behalf of the appellants.

The appellants have been convicted for the offences punishable under Section 392/34 of IPC and sentenced to undergo R.I. for 5 years with a fine of Rs.1000/- each, with default stipulations.

Learned counsel for the appellants submits that the appellants are innocent and have 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 submits that there is no likelihood of the 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 repeat application for suspension of sentence has been argued primarily on the ground that appellants have almost completed half part of their sentence of imprisonment and this fact is visible on the face of record as they are under custody since 14.09.2021 and they were sentenced to 05 years rigorous imprisonment for the offence of Section 392 IPC for snatching a gold chain from the neck of victim.

Taking this fact into consideration that the earlier application for suspension of sentence was dismissed on 06.07.2023 and since then the matter has not been listed for final hearing, while the appellants have almost completed half part of their sentence of imprisonment, this Court is of the considered opinion that till disposal of this appeal, execution of jail sentence awarded to the appellants under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this repeat application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees

Fifty Thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellants shall remain suspended and they shall be released on bail for securing their presence before the trial Court concerned on 16.05.2024 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid I.A. stands allowed and disposed of. List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE sjk