Kumer Singh vs The State Of Madhya Pradesh
2025 Latest Caselaw 4992 MP

Madhya Pradesh High Court

Kumer Singh vs The State Of Madhya Pradesh on 1 March, 2025

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                              1                               CRA-2150-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 2150 of 2025
                                              (KUMER SINGH Vs THE STATE OF MADHYA PRADESH )



                           Dated : 01-03-2025
                                 Shri Nikhil Tiwari - Advocate for the appellant.
                                 Mrs. Nalini Gurung - Panel Lawyer for respondent.

Call for the trial Court record.

Heard on I.A. No.4778 /2025, an application under Section 389(1) of

Cr.P.C./ Section 430 of BNSS, 2023 for suspension of sentence and grant of bail to appellant, pending the appeal.

Appellant has been convicted for commission of offence under Section 323 and 325 of IPC and has been sentenced to undergo S.I. for 06 months and S.I. for two years and fine of Rs.1000/- for each offence with default stipulation vide judgment dated 11.2.2025 passed in S.T. No.49/2024 (State of M.P. vs. Kumer Singh and others ) by 2nd Additional Sessions Judge, Ashta District Sehore.

Learned counsel for the appellant has submitted that in the course of trial appellant was on bail. He has not misused the liberty granted by way of bail during trial. It is further submitted that a short sentence has been awarded by the trial Court and there is no possibility of hearing of this appeal in near future. It is further submitted that after conviction and passing of jail sentence, learned trial Court itself has suspended the jail sentence of the appellant till 11.3.2025. Trial Court has not properly appreciated the

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evidence of the prosecution witnesses. Therefore, appellant has a fair chance to succeed in this appeal. Hence, it is prayed that the execution of jail sentence of appellant be suspended and he may be released on bail.

On the other hand, learned counsel for the State has opposed the grant of bail to the appellant.

Having considered the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to suspend the remaining jail sentence of the appellant.

Consequently, I.A. No.4778 /2025 is allowed. The execution of jail sentence of appellant- Kumer Singh is hereby suspended subject to

depositing the fine amount, if not already deposited. It is directed that the appellant be released on bail on his furnishing a personal bond in the sum o f Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 14.07.2025 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for argument on admission after receipt of record.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE mrs. mishra

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