Nunni Singh vs State Of M.P

Roopesh Chandra Varshney, J

Appellant is produced by the escort in compliance of the arrest warrant issued by this Court vide order dated 21.09.2023.

His presence is marked and he be sent back to concerned jail for undergoing the remaining jail sentence awarded to him by the trial court with the same escort.

Also heard on IA No.25137 of 2023, which is the second application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant. Appellant is in jail. First application was dismissed on 13.12.2004.

Appellant stood convicted under Sections 325 of the IPC and sentenced to suffer R.I. for 1 year with fine of Rs.500/- with default stipulations vide judgment of conviction and order of sentence dated 30.11.2004 passed by Special Judge (Atrocities), Damoh District, Damoh in Special Case No.54/2001.

Learned counsel for the appellant while seeking suspension of sentence inter alia submitted that the trial Court without appreciating the evidence wrongly convicted the appellant for the aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution. Appellant is in jail. Appeal is of the year 2004 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, application of appellant for suspension of sentence and grant of bail may be considered.

P e r contra, learned counsel for State while opposing the prayer, supported the judgment impugned. He contends that judgment impugned is passed upon proper evaluation of evidence placed on record, so the sentence of the appellant should not be suspended.

Upon hearing learned counsel for the parties though this Court refrain from commenting upon rival contentions touching merits of the matter and the appeal is of the year 2004 and there is no likelihood early hearing of the appeal in near future, in the obtaining facts and circumstances, present appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.25137 of 2023 stands allowed and it is directed that the jail sentence of appellant shall remained suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the concerned trial Court on 18.12.2023 and on other subsequent dates as may be fixed in this behalf.

Accordingly, I.A.No. 25137 of 2023 stands allowed and disposed of.

Certified copy today.

List the case for final hearing on 22.11.2023.