Sammar Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8616 MP

                                                                          [1]
                                                                                             CRA No.808 of 2012


                                            THE HIGH COURT OF MADHYA PRADESH
                                                              CRA No.808 of 2012
                                              (SAMMAR SINGH & OTHERS Vs THE STATE OF MADHYA PRADESH)


                                  Jabalpur, Dated : 10-12-2021

                                      Mr. Jitendra Shrivastava, Advocate for the appellant No.2.

                                      Mr. Bramhadatt Singh, Government Advocate for the respondent-State.

Heard on IA No.17434 of 2021, filed under Section 389 (1) of Cr.P.C.,

for suspension of sentence and grant of bail on behalf of appellant No.2-

Vishnu Prasad @ Pushpraj.

The conviction and sentence of the appellant No.2 is as under:

Section Act Imprisonment Fine Imprisonment in lieu of fine 302 IPC R.I. for life Rs.200/- Addl. R.I. for 1 month

This is sixth bail application filed on behalf of appellant No.2. His

earlier two applications were dismissed on merits and three were dismissed

as withdrawn. However, the present contention being advanced is that even

though the appellant No.2 was convicted for life imprisonment, but he has

already undergone sentence for a period of 11 years 1 month without

remission. Hence, he requires to be enlarged on bail.

Learned Government Advocate has also placed the jail report with

particulars with regard to custody of the appellant No.2. The same indicates

that with remission the appellant No.2 has undergone imprisonment for 15

years 7 months and 17 days.

On considering the aforesaid, we are of the considered view that the

Signature Not Verified SAN

Digitally signed by SAIFAN KHAN Date: 2021.12.10 18:04:20 IST [2] CRA No.808 of 2012

appellant No.2 is entitled to be enlarged on bail, as he has already undergone

the entire period of sentence.

Consequently, IA No.17434 of 2021 is allowed. The jail sentence

awarded to the appellant No.2 by the Trial Court vide impugned judgment

dated 16.03.2012 is suspended. The appellant No.2- Vishnu Prasad @

Pushpraj shall be released from custody on furnishing a personal bond in the

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

the same amount to the satisfaction of the Trial Court, for his appearance

before the Trial Court, Narsinghpur on 06.07.2022 and, thereafter, on such

other subsequent dates as may be fixed by the Trial Court in that behalf.

The Jail Authority is also directed to ensure that the appellant is

examined by the Jail Doctor for Covid-19 before his release. In case, the Jail

Doctor is of the opinion that the appellant can be released, all precautionary

protocol prescribed from time to time by the Supreme Court, the Central

Government and as well as by the State Government during release, travel

and residence of the appellant during the period of bail be also strictly

adhered to.

Accordingly, IA No.16877 of 2021 is also disposed off.

                                         (RAVI MALIMATH)                        (VIJAY KUMAR SHUKLA)
                                           CHIEF JUSTICE                               JUDGE
                            [email protected]




Signature Not Verified
  SAN




Digitally signed by SAIFAN KHAN
Date: 2021.12.10 18:04:20 IST