Umrao Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 5684 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                         CR. A. No. 4342 / 2021
                      UMRAO SINGH Vs. STATE OF MP
                                                                 --- 1 ---
INDORE, Dated : 20/09/2021
         Heard through video conferencing.
         Mr. Gaurav Shrivastava, learned counsel for the appellant.
         Mr. Valmiki Sakargayein, learned GA for the respondent -

State.

Heard on I.A.No. 19977/2021, an application filed under Section 389(1) of the Code of Criminal Procedure, 1973 on behalf of appellant No.1 Umrao Singh for suspension of jail sentence and grant of bail. Appellant has been convicted and sentenced vide judgment dated 20/7/2021 passed by the learned 5th Addl. Sessions Judge, Mandsaur (MP) in S.T.No. 144/2009, as under :

  Conviction                               Sentence
      Section         Act.    Imprisonment Fine if       Imprisonment
                                           deposited     in lieu of fine
                                           details
148             IPC           1 YEAR RI        Rs.500    1 month RI
302             IPC           Life             Rs.5000   3 months RI
                              imprisonment
307             IPC           5 years RI       Rs.2000   2 months RI
325             IPC           2 years RI       Rs.500    1 month RI
325/149         IPC           2 years RI       Rs.500    1 month RI
323/149         IPC           6 months RI      Rs.500    1 month RI

Learned counsel for the appellant No.1 - Umrao Singh submits that the judgment of learned lower Court is contrary to law and facts on record. There are material contradictions and omissions between the statements of prosecution witnesses and their police statements. The prosecution has failed to prove the essential ingredients of Sec. 149 of the Indian Penal Code, 1860. It is submitted that he has not participated actively in the incident. A cross case has been registered by the appellants HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

CR. A. No. 4342 / 2021 UMRAO SINGH Vs. STATE OF MP

--- 2 ---

against the complainant party. Appellant is an old person aged about 80 years. He is a permanent resident of District Mandsaur and there is no apprehension of either running away from the course of justice or to tamper with it. Final conclusion of this appeal is likely to take a sufficiently long time. Till then the sentence passed against the appellant is not suspended, the very purpose of filing of this appeal would be frustrated. Under these circumstances, learned counsel for the appellant prays for grant of bail and suspension of execution of jail sentence of the appellant.

Per contra, learned Government Advocate for the respondent - State strongly opposed the prayer for suspension of custodial sentence and submits that there is sufficient evidence available on record to establish guilt of the appellant in the alleged offence. Appellant was properly convicted and sentenced by the trial Court and, therefore, no case for suspension of his jail sentence is made out. In such circumstances the application be dismissed.

Heard learned counsel for the parties and perused the record.

After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case and the period of custody of the appellant and also the fact that appellant is an old person aged about 80 years, he has already suffered jail incarceration of about 3 years, the role attributed to the present appellant, it is an appeal of 2021, therefore, final conclusion of this appeal is likely to take sufficiently long time, we found it to be afit case for suspension HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

CR. A. No. 4342 / 2021 UMRAO SINGH Vs. STATE OF MP

--- 3 ---

of custodial sentence of appellant Umra singh. Accordingly, I.A.No. 19977/2021 is allowed.

It is directed that execution of remaining jail sentence of appellant No.1 Umrao Singh shall remain suspended and he be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rs. One lac only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Office / Registry of this Court on 15/12/2021 and on such other dates as may be fixed in this behalf.

Before releasing the applicant from the custody, the Jail Authorities are directed to medically examine him in order to rule out the possibility of Covid-19 infections and shall comply with the directions issued by the Hon'ble Apex Court in W.P.No. 01/2020.

Certified copy, as per Rules.

                (SUJOY PAUL)                     (ANIL VERMA)
                  JUDGE                            JUDGE
    KR




Digitally signed by KAMAL RATHORE
Date: 2021.09.20 15:46:15 +05'30'