Shera Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 16223 MP

Madhya Pradesh High Court

Shera Singh vs The State Of Madhya Pradesh on 30 May, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3238 of 2024 (SHERA SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 30-05-2024 Shri Laxmi Narayan Sakle - Advocate for the appellant No.2 -

Pancham Singh S/o Ramnath Singh.

Shri Vivek Sharma - Deputy Advocate General for the State.

Heard on I.A. No.7217/2024, an application for ignoring the defaults. On due consideration, I.A. No.7217/2024 is allowed and defaults pointed

out by the Registry is hereby ignored.

Also heard on I.A. No.6279/2024, an application for suspension of sentence and grant of bail to appellant No.2 - Pancham Singh S/o Ramnath Singh, aged about 60 years.

This appeal is filed being aggrieved of judgment dated 24.02.2024 passed by the Additional Session Judge, Lavkush Nagar, Chhatarpur in Special Case No.13/2021 whereby the present appellant Pancham Singh has been convicted for offence punishable under Section 363 read with Section 34 of IPC and sentenced to undergo Rigorous Imprisonment for 3 years with fine of

Rs.1,000/- with default stipulation of 3 months Additional Rigorous Imprisonment and under Section 366(ka) read with Section 34 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.2,000/- with default stipulation of 6 months Additional Rigorous Imprisonment.

It is submitted that prosecution story is unnatural. Present appellant Pancham Singh is father of the main accused Shera Singh. Shera Singh was in relationship with the prosecutrix. The prosecutrix wanted to live with Shera Singh but due to social pressure all the appellants have been falsely implicated.

Pancham Singh has no role either in abduction or violating the privacy of the prosecutrix. He has been falsely implicated on account rivalry.

Shri Vivek Sharma, learned Public Prosecutor for the State opposes the prayer for suspension of sentence. He submits that role of appellant No.2 Pancham Singh is equally important as that of Shera Singh. Without the help of Pancham Singh, Shera Singh could not have abducted the prosecutrix.

After hearing learned counsel for the parties and looking to the age of the appellant No.2 Pancham Singh as well as looking to the fact that it is a short sentence, without commenting on the merits, we are of the considered opinion that this is a fit case to suspend the remaining jail sentence of the appellant No.2

Pancham Singh S/o Ramnath Singh and to release him on bail. I.A.No.6279/2024 is accordingly allowed.

It is directed that on depositing the fine amount, if not already deposited and on furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court on 20.12.2024 and on such other dates as may be fixed by the Trial Court, which shall not be more than two times in a year, the execution of remaining part of the jail sentence imposed upon appellant No.2 Pancham Singh S/o Ramnath Singh shall remain suspended and he shall be released on bail till final disposal of this appeal.

I.A.No.6279/2024 is allowed & disposed of.

Let paper book be prepared and this case be listed for final hearing in Part-B of the cause list as per its turn and seniority.

Certified copy as per rules.

                             (VIVEK AGARWAL)       (DEVNARAYAN MISHRA)
                                  JUDGE                   JUDGE

                           MTK