Gyanendra Signh vs State Of Madhya Pradesh

J.P.Gupta, J

Heard on I.A.No.7802/2020, which is second application under section 389(1) of Cr.P.C. filed by the applicant for suspension of his jail sentence and grant of bail.

The applicant / accused has filed this revision under section 397/401 of the Cr.P.C. against the judgment of conviction and sentence dated 29.1.2020 passed by 12th Addl. Sessions Judge, Bhopal, District Bhopal, in Criminal Appeal No.9600451/2017 affirming the judgment dated 10.10.2017 passed by JMFC Bhopal, District Bhopal in Criminal Case No.12628/2007, whereby the applicant has been convicted under Section 473 of the IPC and sentenced him to undergo R.I. for 3 years along with fine of Rs.5,000/-, with default stipulation.

Learned counsel for the applicant submits that the applicant is in custody since 29.1.2020 and there is fair chance to succeed in the revision. The applicant's conviction is based on the statement of Investigating Officer, PW7 as other witnesses of the seizure have been turned hostile. PW7 has also admitted in his cross examination that he did not prepare the seizure memo at the spot and the seized articles were not sealed at the spot and these formalities were completed at Police Station. This statement creates strong suspicion about the credibility of the prosecution case. Both the courts below have ignored the aforesaid aspect of the case. Considering the aforesaid infirmity it cannot be said that prosecution has established its case beyond reasonable doubt. In the circumstances, if the sentence is not suspended, looking to the short period of sentence this revision will be futile. Hence, learned counsel has prayed for suspension of execution of jail sentence and grant of bail.

Learned P.L. has opposed the application and submitted that from the possession of the applicant, counterfeit seals have been recovered. This is concurrent finding of both the courts below. Therefore, applicant is not entitled to get the benefit of suspension of sentence.

Considering the facts and circumstances of the case and contention of learned counsel for the parties, in view of this court, it is a fit case to suspend the sentence of the applicant. Hence, I.A.No.7802/2020 is allowed. It is directed that subject to payment of fine amount, if not already deposited, execution of jail sentence of applicant / accused Gyanendra Singh shall remain suspended during the pendency of this revision and he be released on bail on his furnishing a personal bond for a sum of Rs.25,000/-(Rs.Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 15.12.2020 & thereafter on all other such subsequent dates as may be fixed by that Court in this regard.

In case, the applicant is found absent on any date fixed by the trial court, then the trial court shall be free to issue and execute warrant of arrest without referring the matter to this Court, provided the Registry of this Court is kept informed.

List the revision for final hearing in due course.

C.C. as per rules.