Madhya Pradesh High Court
Naharsingh vs The State Of Madhya Pradesh on 21 May, 2021
Author: Subodh Abhyankar
1
CRA No.981/2019
High Court of Madhya Pradesh, Jabalpur
Bench at Indore
Criminal Appeal No.981/2019
Indore, Dated 21.05.2021
Hearing through Video Conferencing.
Mr. Vivek Singh, learned counsel for appellant Nahar Singh
s/o Jam Singh.
Mr. Siddharth Jain, learned Panel Lawyer for the respondent /
State of Madhya Pradesh.
Heard on IA No.6833/2021, a repeat (third) application under
Section 389 (1) of the Code of Criminal Procedure, 1973 for
suspension of jail sentence and grant of bail filed on behalf of
appellant Nahar Singh s/o Jam Singh.
The present appellant has been convicted and sentenced by
learned 1st Additional Sessions Judge Khargone, District West Nimar
(MP) in Sessions Trial No.351/2013 vide judgment dated
27.12.2018, as under: -
Conviction Sentence
Section Act RI Fine amount Imprisonment in lieu of fine
25-A Arms Act 3 years Rs.1,000/- 6 months RI
489-B IPC 7 years Rs.1,000/- 6 months RI
489-C IPC 7 years Rs.1,000/- 6 months RI
Counsel for the appellant has submitted that first application
for suspension of sentence of the appellant was dismissed on merits
vide order dated 13.12.2019 whereas his second suspension
application was dismissed as withdrawn on 23.11.2020.
Counsel for the appellant has submitted that the appellant was
CRA No.981/2019
arrested on 07.08.2013 and remained in custody from 07.08.2013 to
18.12.2014 (for a period of 429 days) and thereafter he is in jail
from the date of the impugned judgment (i.e. 27.12.2018) and thus
out of total seven years RI awarded to the appellant, he already
undergone more than half of the sentence (three years and nine
months) and final disposal of the appeal is likely to take sufficiently
long time and presently also, only the urgent matters are being heard
by this Court in the wake of fresh spread of COVID-19.
Counsel for the respondent / State, on the other hand, has
opposed the prayer.
On due consideration of the rival submissions and on perusal
of the record as also the impugned judgment and taking note of the
fact that the appellant has been awarded total period of seven years
incarceration out of which, he has already undergone more than half
of the sentence so awarded and in such circumstances, when the final
disposal of the appeal is likely to take sufficiently long time in the
wake of fresh spread of COVID-19, it would be expedient to allow
the present application for grant of suspension of jail sentence.
Accordingly, without expressing any opinion on merits of the
case, IA No.6833/2021 is allowed and it is directed that upon
depositing fine amount, if any, and on furnishing a personal bond by
the appellant in the sum of Rs.50,000/- (Rupees fifty thousand
only) with a solvent surety in the like amount to the satisfaction of
CRA No.981/2019
the learned trial Court, for his / her regular appearance before
concerned trial Court, the execution of the custodial part of the
sentence imposed against the appellant shall remain suspended, till
the final disposal of this appeal.
The appellant, after being enlarged on bail, shall mark his /
her presence before the concerned trial Court on 20.12.2021 and on
all such subsequent dates, as may be fixed by the concerned Court in
this regard.
It is also observed that if the appellant (s) is found in any of
the criminal activities, after his release on bail / suspension of
sentence, then the present bail / suspension order shall stand
cancelled without further reference to this Court; and the State /
prosecution will be free to arrest the accused in the present case also.
Let the matter be listed for final hearing in due course.
C. c. as per rules.
(Subodh Abhyankar)
Vacation Judge
rcp
RAMESH CHANDRA PITHWE
2021.05.24 11:29:07 +05'30'
