Ram Singh vs Abhayraj Singh
2024 Latest Caselaw 14338 MP

Madhya Pradesh High Court

Ram Singh vs Abhayraj Singh on 15 May, 2024

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 974 of 2024 (RAM SINGH Vs ABHAYRAJ SINGH)

Dated : 15-05-2024 Shri D.S. Parihar - Advocate for the appellant.

Shri Ajay Tamrakar - Panel Lawyer for the State.

The appeal being arguable is admitted for final hearing. Heard on I.A.No.1361/2024, which is the first application under Section 389(1) of the Cr.P.C. filed on behalf of appellant for suspension of sentence

and grant of bail.

The appellant has been convicted and sentenced under Sections 420 R/w 511 of IPC and Section 467 of IPC to suffer RI for 2 years with fine of Rs.5,000/- and RI for 5 years with fine of Rs.25,000/- with default stipulation.

Learned counsel for the appellant contends that the appellant is aged about 73 years and the judgment of conviction dated 08/01/2024 he was in custody and since then he was is jail. Learned counsel contends that there is failure on the part of the trial Court to sift the testimonies of Abhay Raj Singh (PW-1) and Satish Kumar Verma (PW-6), the Court has failed to appreciate

that the present appellant had rebutted the assertion of the prosecution as regards interpolation in the sale-deed. Therefore, submits that the appellant be enlarged on bail.

Learned counsel for the State has opposed the prayer for suspension of sentence and grant of bail the the appellant while submitting that as the allegations were found to be proved beyond reasonable doubt, the trial Court rightly convicted the appellant.

Having considered the rival submissions of the parties and perused the

record, prima facie the trial Court has not dealt with the paragraph 8 of the cross-examination of Abhay Raj Singh (PW-1) who admitted the location of the property in question. The Court also did not deal paragraph 6 of the testimony of Satish Kumar Verma (PW-6) thus, considering the totality of circumstances and also the age of the appellant who has suffered five months of incarceration, this Court deems it proper to enlarge the appellant on bail. The I.A. No.1361/2024 is allowed.

I t is directed that the execution of the remaining jail sentence passed against appellant shall remain suspended during pendency of this appeal and she be released on bail subject to depositing fine amount, if not already deposited

and upon her furnishing personal bond in the sum of Rs.50,000/- (Rs. fifty thousand only) with one surety in the like amount to the satisfaction of the trial Court for her appearance before the trial Court on 05/07/2024 and on such further dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

List the matter for final hearing in due course. Certified copy as per rules.

(MANINDER S. BHATTI) JUDGE

Astha