Devendra Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8469 MP

            HIGH COURT OF MADHYA PRADESH,
                  BENCH AT GWALIOR

                    Cr.A. No. 5590/2021
      ( Devendra Singh & another Vs The State of M.P. )
                                   (1)

Gwalior, dated : 08/12/2021
       Shri       Prem Singh Bhadoriya, learned counsel for the

appellants.

          Shri Lokendra Shrivastava, learned Public Prosecutor for the

respondent-State.

Heard on I.A.No. 28596/2021, this is first application for

suspension of jail sentence and grant of bail moved by appellant

Nos. 1 and 2.

This Criminal appeal assails the judgment dated 15/09/2021

passed in S.T. No. 294/2014 by 2nd Additional Sessions Judge,

Karera District Shivpuri (M.P.), whereby the appellants have been

convicted and sentenced under Sections 420, 467, 468 and 471 of the

IPC for five years RI, three years RI, three years RI and three years

RI with fine of Rs.1000/- each respectively with default stipulations.

It is pointed out that the appellants have remained in custody

for a period of 918 days during trial as is inspected from Section

428 of Cr.P.C certificate issued by learned Trial Court and now they

are in custody from the date of judgment. They have already suffered

50% jail sentence. He is pressing application on the basis of custody

period. He has placed reliance by the Supreme Court in the case of

Bhagwan Rana Shinde Gosai & others Vs State of Gujarat 1999

(3) Crimes 54 SC, wherein considering the fact that there is no

possibility of getting the appeal decided finally at a early date and

considering the fact that substantial period of custody has already HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

Cr.A. No. 5590/2021 ( Devendra Singh & another Vs The State of M.P. )

been undergone by the present applicant, present application is

allowed by Hon'ble Supreme Court. He has further placed reliance

upon the judgment of the Supreme Court in the case of Kamal Vs

State of Haryana 2006 (1) SCC (Cri) 756, wherein the Supreme

Court considering the fact that appellant has served substantial

period of custody about two years and 4 months conviction out of

seven years conviction, the application was allowed. He has further

placed reliance on the judgment of the Supreme Court in the case of

M. Radha Hari Seshu Vs State of Telangana, 2020 8 SCC 114,

wherein in identical circumstances when the applicant was

convicted under Section 304-B of the IPC for Life Imprisonment and

for Section 498-A of the IPC for three years RI, the Honb'le

Supreme Court has allowed the bail application considering the

custody period for more than 918 days. It is argued that in current

case there are total conviction of five years out of which the

appellants have suffered 918 days period of custody. They are

ready to abide by all the terms and conditions that may be imposed

of this Court while considering the application for grant of bail.

Per contra counsel for the respondent-state has opposed the

application stating that conviction is of five years and there is active

participation of the appellants but period of custody undergone by

the appellants, is not disputed by the State Counsel.

Considering the overall facts and circumstances of the case, HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

Cr.A. No. 5590/2021 ( Devendra Singh & another Vs The State of M.P. )

without expressing any opinion on the merits, I.A.No. 28596/2021

is allowed and it is directed that the jail sentence of the appellants

Devendra Singh and Papendra Singh will remain under

suspension subject to the verification that the amount of fine has

been deposited, on the appellants furnishing bail bond of Rs.

50,000/- (Rs. Fifty Thousand Only) each with one solvent surety

each in the like amount to the satisfaction of trial Court concerned

for their appearance before the Registry of this Court on 20/04/2022

and thereafter on such other dates as may directed by the Registry of

this Court in this regard.

List the matter for final hearing in due course of time at its

own turn.

Certified copy as per rules.

(Vishal Mishra) Judge Prachi*

PRACHI MISHRA 2021.12.09 12:04:50 +05'30'