Madhya Pradesh High Court

Shishupal Singh vs The State Of Madhya Pradesh on 9 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 4263 of 2024
                                            (SHISHUPAL SINGH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 09-05-2024
                                Shri Mahendra Singh Yadav - Advocate for appellant.

                                Shri Dinesh Savita - Public Prosecutor for respondent/State.

Heard on the question of admission.

This appeal appears to be arguable, hence, it is admitted for final hearing.

Record of the trial court is received.

Heard on I.A. No.6698/2024, first application under Section 389 (1) of Cr.P.C for suspension of jail sentence and grant of bail to the appellant.

The appeal has been preferred by the appellants under Section 374 of Cr.P.C. against the impugned judgment of conviction and sentence dated 14.03.2024 passed by Sessions Judge, Vidisha in Sessions Trial No.14/2023 whereby, the appellant stood convicted under Sections 354, 323 of IPC and sentenced to undergo rigorous maximum imprisonment of one year with maximum fine of Rs. 1,000/- with default stipulations.

Learned counsel for the appellant argued that the trial Court has wrongly

convicted the appellant without proper appreciation of facts of the case. Fine amount has already been deposited by the appellant. The jail sentence of the appellant was already suspended by learned trial Court. The appellant was on bail during trial and he did not misuse the liberty so granted. Further submission is that earlier the appellant was granted interim suspension of sentence for a period of two months vide order dated 04.04.2024, however, he did not misuse the liberty so granted. Under these circumstances, he prayed to suspend the jail

sentence of the appellant and release him on bail.

On the other hand, learned Public Prosecutor for respondent/State opposed the application and prayed for rejection of the same.

Considering the facts and circumstances of the case so also looking to the fact that earlier on 04.04.2024, the sentence of appellant was temporarily suspended, I.A. No. 6698 of 2024 is allowed and now the order of suspension dated 04.04.2024 is made confirmed and absolute and the sentence of appellant shall remain suspended on the personal bond of Rs.50,000/- as already furnished by the appellant before the trial Court.

The appellant shall appear before the Office of this Court on 20.08.2024

and other dates as may be fixed by this Office in this regard from time to time.

List the case for final hearing in due course.

Certified copy today as per rules.

(SUNITA YADAV) JUDGE

AK/-