Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(MP) 546

IN THE HIGH COURT OF MADHYA PRADESH
Dinesh Kumar Paliwal, J.
Kuwar Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
Criminal Appeal No. 12657 of 2022
Decided On : 03-01-2023

Advocates Appeared:
Kamal Singh Rajput, Advocate, Ravindra Shukla, Advocate

The court may consider the short nature of the sentence, the delay in the appeal process, and the potential for success in the appeal as grounds for suspending the jail sentence and granting bail.

Headnote:
Bail - Suspension of Sentence - The court suspended the remaining jail sentence of the appellant, Kuwar Singh, and directed his release on bail, considering the short nature of the sentence and the delay in the appeal process.
Fact of the Case:

The appellant was convicted for an offence under Section 326 of IPC and sentenced to undergo R.I. for 3 years and a fine of Rs.2000. The appellant sought suspension of the jail sentence and grant of bail pending the appeal, citing the short sentence, lack of misuse of bail during trial, and potential success in the appeal due to contradictions and omissions in the evidence.
Finding of the Court:

The court allowed the application, suspended the jail sentence, and directed the appellant's release on bail, subject to depositing the fine amount and furnishing a personal bond with a surety. The case was listed for arguments on admission after receipt of record.
Issues: Application for suspension of sentence and grant of bail pending appeal under Section 389(1) of Cr.P.C.
Ratio Decidendi: The court considered the short nature of the sentence, the delay in the appeal process, and the appellant's potential for success in the appeal due to contradictions and omissions in the evidence as grounds for suspending the jail sentence and granting bail.
Final Decision: The court allowed the application, suspended the remaining jail sentence of the appellant, and directed his release on bail, subject to certain conditions.

JUDGMENT

Dinesh Kumar Paliwal, J. - Heard on I.A. No.25493/2022, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant pending the appeal.

2. Appellant has been convicted for commission of offence under Section 326 of IPC and has been sentenced to undergo R.I. for 3 years and fine of Rs.2000/- with default stipulations vide judgment dated 20.12.2022 passed in S.T. No.9/2018 (State of M.P. vs. Kuwar Singh) by ASJ, Khandwa.

3. 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 appellant till 05.02.2023. It is further submitted that appellant has a fair chances to succeed in this appeal as learned trial Court has not properly appreciated the evidence of prosecution witnesses having lot of contradictions and omissions. Hence, it has been prayed that the execution of jail sentence of appellant be suspended and he be released on bail.

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

5. 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.

6. Consequently, I.A. No.25493/2022 is allowed. The execution of jail sentence of appellant - Kuwar 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 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 12.05.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

7. List this case for arguments on admission after receipt of record.

Certified copy as per rules.

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