Charan Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 12493 MP

Madhya Pradesh High Court

Charan Singh vs The State Of Madhya Pradesh on 3 May, 2024

Author: Sanjeev S Kalgaonkar

Bench: Sanjeev S Kalgaonkar

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 8926 of 2023
                                              (CHARAN SINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 03-05-2024
                                 Shri Kamlesh Kumar Kori- Advocate for appellant.

                                 Shri APS Tomar- Public Prosecutor for respondent- State.

Heard on the question of admission.

Record of the trial Court has been received in connected Criminal Appeal No.8514 of 2023.

Being arguable, the appeal is admitted for final hearing.

Also heard on IA No.3130 of 2024, third application under Section 389(1) Cr.P.C. moved on behalf of appellant- Charan Singh seeking suspension of jail sentence and grant of bail.

First application (IA No.13141 of 2023) was dismissed as withdrawn by this Court vide order dated 23-11-2023 and Second application (IA No. 379 of 2024) was dismissed as withdrawn by this Court vide order dated 11-01-2024.

Appellant stood convicted under 420 of IPC and sentenced to undergo four years' Rigorous Imprisonment with fine of Rs.2,000/-, under Section 467 read with Section 120-B of IPC, sentenced to undergo four years' Rigorous

Imprisonment with fine of Rs.2,000/- and under Section 468 read with Section 120-B of IPC, sentenced to undergo four years' Rigorous Imprisonment with fine of Rs.2,000/- respectively with default stipulation, v i d e judgment of conviction and order of sentence dated 27-06-2023 passed by Second Additional Sessions Judge, Seondha, District Datia in Sessions Trial No.100080 of 2013.

Learned Counsel for the appellant, in addition to the grounds mentioned

in the application, submits that the appellant has been falsely implicated in the matter. Civil dispute has been given colour of criminal nature. Previous purchasers were not examined to prove prior sale of property. Learned Counsel further submits that the impugned judgment passed b y learned Trial Court is based on assumption, conjectures and surmises. Learned Trial Court has committed an error in convicting and sentencing the present appellant without appreciating the prosecution evidence properly. There are material contradictions and omissions in the evidence of witnesses. Learned Counsel contends that the appellant was bail during trial and he did not misuse the liberty so granted to him. Appellant remained in custody for a period of two months

during trial and from the date of passing of impugned judgment by trial Court i.e. 27-06-2023, he has suffered more than ten months' of custody. Appellant has already undergone more than one year incarceration. Fine amount has already been deposited by appellant. There is no likelihood of hearing of appeal in future. Remaining jail sentence of co-convict Kamal Kishor has been suspended by this Court vid e order dated 4th of August, 2023 passed in connected Criminal Appeal No.8514 of 2023. On these grounds, learned Counsel prays that execution of remaining jail sentence of appellant may be suspended and he may be enlarged on bail.

Per contra, learned Counsel for respondent State opposes the application and prays for its rejection. He contends that the appellant has been convicted on proper appreciation of evidence. No case is made out for suspension of sentence.

Upon hearing learned Counsel for the parties, but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly directed that execution of

remaining jail sentence of appellant shall remain suspended during pendency of this appeal and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court for compliance with following conditions:-

(1). The appellant shall deposit the amount of fine (if not deposited) forthwith;

(2). The appellant shall appear before the Trial Court on 22nd of July, 2024 and on such further dates as may be directed by the Trial Court;

(3). The appellant shall ensure hearing of the appeal on the date fixed for such hearing and shall also ensure proper legal representation on his behalf, on the date notified for hearing.

In case of breach of any of the aforementioned conditions, this order granting suspension of sentence shall become ineffective.

The Trial Court shall be authorized to grant exemption from attendance to the appellant on any date, on sufficient cause being shown [Chapter XIII Rule 42 Sub-Rule 2 of the M.P. High Court Rules, 2008].

Where the appellant does not appear on the date of his appearance before the Trial Court and no sufficient cause for non-appearance is shown, the Trial Court shall be authorized to issue non-bailable/bailable warrants to secure

his attendance under intimation to the Registry of High Court. The Trial Court shall also proceed under Section 446 of CrPC against such appellant and his surety without any reference to this Court and without any impediment of the order granting bail. [Chapter XIII Rule 42 Sub-Rule 3 of M.P. High Court Rules, 2008].

On arrest/surrender in compliance with the warrant, the appellant shall be forwarded in custody to undergo sentence of imprisonment under intimation to the Registry of this Court.

Accordingly, IA No.3130 of 2024 stands allowed and disposed of. List for final hearing in due course along-with connected Criminal Appeal No. 8514 of 2023.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

MKB