NUNNI SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant is produced by the escort in compliance of the arrest warrant issued by this Court vide order dtd. 21/9/2023. 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 Sec. 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.

(2.) Appellant stood convicted under Ss. 325 of the IPC and sentenced to suffer R.I. for 1 year with fine of Rs.500.00 with default stipulations vide judgment of conviction and order of sentence dtd. 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.

(3.) Per 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.