Citation : 2025 Latest Caselaw 9145 MP
Judgement Date : 12 September, 2025
1 CRA-7983-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7983 of 2022
(DAMAN RAM SAHU Vs THE STATE OF MADHYA PRADESH )
Dated : 12-09-2025
Shri Ravindra Kumar Bisen - Advocate for the appellant.
Shri Yadvendra Dwivedi - Panel Lawyer for the State.
Heard on admission.
The appeal is admitted for hearing.
Also heard on I.A. No.12718/2024, which is an application under
Section 430 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for suspension of
sentence and grant of bail to the appellant - Daman Ram Sahu.
This Criminal Appeal assails the judgment dated 25.08.2022
passed by the learned first Additional Sessions Judge, Mandla in
ST No.149/2017 whereby the appellant has been convicted and
sentenced as follows:
imprisonment
Section Act Imprisonment fine
in lieu of fine
RI for seven RI for six
420 IPC Rs.5,00,000/-
years months
RI for ten RI for six
409 IPC Rs.5,00,000/-
years months
RI for ten RI for six
120 B IPC Rs.5,00,000/-
years months
Prize Chits and Money
RI for three RI for six
4 Circulation Scheme Rs.5,000/-
years months
(Banning) Act, 1978
Prize Chits and Money RI for two RI for six
5 Circulation Scheme years Rs.3,000/- months
(Banning) Act, 1978
Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 9/12/2025
6:57:24 PM
2 CRA-7983-2022
Learned counsel for the appellant has submitted that the present
appellant has not committed any offence. He has been erroneously convicted
by the trial Court as it has not properly appreciated the evidence on record. It
is submitted that evidence of prosecution witnesses is full of omissions and
contradictions and such omissions and contradictions have not been
considered in right perspective by the learned trial Court. It is submitted that
appellant Daman Ram Sahu has already suffered jail sentence of more eight
and a half year. The appellant has good chance to succeed in the appeal.
There is no possibility of hearing of this appeal in near future. Therefore, it
has been prayed that the execution of jail sentence of the present appellant -
Daman Ram Sahu may be suspended and he be released on bail.
On the other hand, learned counsel for the respondent/State has
opposed the grant of bail to the appellant.
On perusal of report dated 10.09.2025 received from Superintendent, Central Jail, Narsinghpur (MP), it is apparent that the present appellant Daman Ram Sahu has already suffered jail sentence of eight and a half year (8 1/2 years). The maximum period of imprisonment imposed on the present appellant is ten years. Having considered the custody period already served out by the present appellant and the fact that there is bleak possibility of hearing of this appeal in near future, I am inclined to suspend the remaining jail sentence of the present appellant - Daman Ram Sahu. Consequently, without commenting on the merits of the case, bail application (12718/2024) filed on behalf appellant - Daman Ram Sahu is allowed. The execution of jail sentence of the present appellant is hereby suspended subject to
3 CRA-7983-2022 depositing the entire fine amount, (if not already deposited). It is directed that the present appellant be released on bail on his furnishing a personal bond to a sum of 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 10.11.2025 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 final hearing in due course.
Certified copy as per rules.
(RAJENDRA KUMAR VANI) JUDGE
ks
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