Vijay Singh @ Baje Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 16485 MP

Madhya Pradesh High Court

Vijay Singh @ Baje Singh vs The State Of Madhya Pradesh on 31 May, 2024

                                                               1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                       CRR No. 2275 of 2024
                                   (VIJAY SINGH @ BAJE SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 31-05-2024
                                 Mr. Jitendra Sharma - Advocate for the appellants.

                                 Ms. Geetanjali Chaurasia appearing on behalf of Advocate General.

                                 Heard on IA No.7620 of 2024, which is first application for suspension
                           of sentence under Section 397(1) of Cr.P.C. on behalf of all the applicants.
                                 Applicants stand convicted vide order dated 01/06/2023 by the JMFC,

                           Mahidpur, District Ujjain passed in RCT No.301310/2016 for the offence
                           punishable under Sections 323/34 and 325/34 of the IPC each and have been
                           sentenced to undergo 3 months rigorous imprisonment with fine of Rs.1,000/-
                           and 2 years rigorous imprisonment fine of Rs.2,000/- each respectively with
                           default stipulation. Learned appellate Court vide order dated 30/04/2024 passed
                           in Cr.Appeal No.14/2023 reduce the jail sentence under Section 325/34 of IPC
                           to one year and under section 323/34 of IPC to till rising of Court.
                                 Learned counsel for the applicants submits that applicants are innocent
                           persons and have been falsely implicated in the offence. They have no criminal

                           antecedents. It is a matter of short sentence. Incident took place in the spur of
                           moment. The applicants are in jail since 06/05/2024. There are material
                           contradictions and omissions in the statement of witnesses. Looking to the old
                           pendency of the cases for consideration, final conclusion of this revision would
                           take sufficient long time. Hence, the execution of remaining part of the jail
                           sentence of the applicants be suspended till the final disposal of this revision.
                                 On the other hand, learned counsel for the respondent / State opposes

the prayer.

Heard learned counsel for the parties and perused the impugned judgments.

Looking the facts and circumstances of the case, arguments advance by learned counsel for the parties and also looking to the fact that no criminal antecedents have been found against the applicants; it is a case of short sentence and final conclusion of the revision will also take sufficient long time. In the considered view of this Court, it is a fit case to suspend the remaining custodial sentence of the applicants.

Accordingly, I.A.No.7620/2024 is allowed and it is directed that subject to deposit of fine amount, if not already deposited and subject to furnishing

personal bond by the applicants in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before the Registry of this Court on 10/07/2024 and on all other subsequent dates, as may be fixed by the Registry in this behalf, the execution of remaining jail sentence of the applicants shall remain suspended, till the final disposal of this revision and the applicants be released on bail.

Let records of Courts below be requisitioned. Certified copy as per rules.

(BINOD KUMAR DWIVEDI) JUDGE

Tej