Bherulal vs The State Of Madhya Pradesh
2021 Latest Caselaw 7887 MP

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 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                        Cr. A. No.83 of 2015
                  Bherulal & Ors. Vs. State of M.P.

Indore, Dated:- 26/11/2021
      Shri Anirudha Saxena, Counsel for the appellant No.2 -

Makhansingh S/o Sitaram Gurjar.

      Shri Sameer Verma, Counsel for the respondent/State.

Heard on IA No.27453/2021, third/(repeat) 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 the

appellant No.2.

The present appellant has been convicted and sentenced by II

Additional Sessions Judge, Shajapur (MP) in Sessions Case

No.299/2013 vide judgment dated 06.01.2015, as under: -

         Conviction                      Sentence
   Section        Act        RI         Fine        Imprisonment
                                       amount       in lieu of fine
   341       IPC, 1860 -              Rs.200/-   7 days SI
   148       IPC, 1860 1 year         Rs.200/-    3 months RI

307/149 IPC, 1860 10 years Rs.1,000/- 1 year RI Earlier, he was granted bail by this Court on 05.12.2015,

however, as he again indulged in another offence under Section 307

of IPC, he was arrested in the aforesaid case as also in the present

case and thereafter on 17.11.2020 when he filed application for

suspension of jail sentence, the same was dismissed with liberty to

file fresh application for suspension narrating circumstances for grant

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.83 of 2015 Bherulal & Ors. Vs. State of M.P.

of suspension.

Counsel for the appellant No.2 has submitted that the appellant

No.2 is in jail since 13.11.2017 and taking into account his earlier

period undergone by him in jail, he has suffered around four years of

incarceration out of 10 years of sentence. Counsel for the appellant

has submitted that in other case the appellant was arrested, he has

already been granted bail on 15.6.2021 passed in M.Cr.C.

No.12548/2021. Copy of the order is also placed on record. Counsel

has further submitted that the final disposal of the present appeal is

likely to take sufficient long time, hence, the application be allowed

looking the period of incarceration.

Counsel for the respondent/State, on the other hand, has

opposed the prayer.

Having considered rival submissions and on perusal of the

record including the earlier order passed by this Court as also the

order passed in the bail application of the present appellant in other

case in M.Cr.C. No.12548/2021, this Court finds force with the

contentions raised by the Counsel for the present appellant to allow

the application for suspension of custodial sentence.

Accordingly, without expressing any opinion on merits of the

case, IA No.27453/2021 is allowed and it is directed that on his

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.83 of 2015 Bherulal & Ors. Vs. State of M.P.

furnishing a personal bond in the sum of Rs.3,00,000/- (Rupees

Three Lakhs) with a solvent surety in the like amount to the

satisfaction of 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

presence before the concerned trial Court on 21.02.2022 and on all

such subsequent dates, as may be fixed by the concerned Court in this

regard.

Let the record of the case from the concerned trial Court be

requisitioned; and list the matter on the question of admission soon

thereafter.

C. c. as per rules.

(SUBODH ABHYANKAR) JUDGE Pankaj Digitally signed by PANKAJ PANDEY Date: 2021.11.27 10:18:49 +05'30'