Saurabh Alias Indra Pratap Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 12183 MP

Madhya Pradesh High Court

Saurabh Alias Indra Pratap Singh vs The State Of Madhya Pradesh on 1 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                                  1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                     CRA No. 5108 of 2024
                             (SAURABH ALIAS INDRA PRATAP SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                    Dated : 01-05-2024
                           Shri Atul Gupta-Advocate appeared for Petitioner.

                           Shri Dinesh Savita- P.P.- appearing on behalf of Advocate General.
                           Heard on I.A.No.8186 of 2024, first application under Section 389(1) of Cr.P.C.
                   for suspension of sentence and grant of bail to the appellant with an alternative prayer for
                   grant of temporary bail as record has not been received.
                           The appeal has been preferred by the appellant under Section 374 (2) of the

                   Cr.P.C. against the impugned judgment of conviction and sentence dated 03.04.2024
                   passed by Court of Sessions Judge Dist. Shivpuri (M.P.) in S.T. No.212/2022 whereby,
                   appellant has been convicted and sentenced under Section 324, 324 r/w 34 of IPC and
                   sentenced to undergo rigorous imprisonment for 1 year with fine of Rs. 3,000/- with
                   default stipulations.
                           Learned counsel for the appellant submitted that learned trial Court has wrongly
                   convicted the appellant without appreciating the evidence on merit. Further submission is
                   that there are material omissions and contradictions in the statement of the prosecution
                   witnesses. Appellant was on bail during trial. He never misused the liberty granted to him

                   during trial. Therefore, learned counsel for appellant at this stage orally prays for grant of
                   temporary suspension of sentence and grant of bail for a limited period.
                           Per contra, learned Public Prosecutor for respondent/State opposed the

application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record. Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, it is directed that subject to depositing of fine amount,

if not already deposited, and on furnishing a personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain temporarily suspended for a period of two months from today and he be released on bail.

List the case on 27.05.2024.

Meanwhile, Registry is directed to call the record of the Court below. A copy of this order be sent to the concerned Court below for compliance. Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

Durgekar