Shyam Singh @ Samrath Singh @ ... vs The State Of Madhya Pradesh
2021 Latest Caselaw 5995 MP

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                                                                                      CRA No.801/2016

               High Court of Madhya Pradesh, Jabalpur
                           Bench at Indore
             Criminal Appeal No.801/2016
Indore, Dated 24.09.2021
        Shri Siddharth Jain, learned counsel for appellant Shyam Sing

@ Samrath Singh @ Samandar Sing @ Jitendra s/o Suresh Singh

Rajput.

        Shri Vismit Panot, learned Panel Lawyer for the respondent /

State of Madhya Pradesh.

Heard on IA No.7905/2021, a repeat (second) 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.

The present appellant has been convicted and sentenced by

learned 2nd Additional Sessions Judge Dhar, District Dhar (MP) in

Special Sessions Trial No.129/2015 vide judgment dated 24 th May,

2016, as under: -

                  Conviction                              Sentence
     Section               Act          RI           Fine amount     Imprisonment in lieu of fine
       363                 IPC        3 years         Rs.500/-         3 months additional RI
       366                 IPC        5 years         Rs.500/-         3 months additional RI
    376 (2) (I)            IPC        10 years        Rs.500/-         3 months additional RI
   376 (2) (N)             IPC        10 years        Rs.500/-         3 months additional RI
   5(L)r/w 6        POCSO Act, 2012   10 years        Rs.500/-         3 months additional RI

Counsel for the appellant has submitted that the sentence of

the appellant was earlier suspended by this Court vide order dated

24.08.2016 while considering his application (IA No.5391/2015)

under Section 389 (1) of the Code of Criminal Procedure. However,

CRA No.801/2016

after being released on bail, the appellant had again been arrested in

another case vide Crime No.62/2017 registered at Police Station

Sector No.1, Pithampur, District Dhar (MP) for offence under

Section 379 of IPC and thus he could not mark his presence before

this Court. He was produced through Production Warrant on

19.11.2019 and was sent to Jail to undergo the remaining jail

sentence.

Counsel has further submitted that subsequently the aforesaid

case in which the appellant was arrested, has also been disposed of

and the appellant has been arrested, as the parties have entered into a

compromise.

It is further submitted that even otherwise, the allegation

against him in the aforesaid case was only on the basis of a memo

prepared under Section 27 of the Evidence Act.

Counsel for the appellant has submitted that the appellant is in

jail since 18.09.2018 and the final disposal of the appeal is likely to

take sufficiently long time.

Thus, it is submitted that the application for suspension of jail

sentence be allowed and the appellant be released on bail.

Counsel for the respondent / State of Madhya Pradesh, on the

other hand, has opposed the application by submitting that no

sufficient ground is made out for releasing the appellant on bailand

therefore, the application filed by the appellant be dismissed.

CRA No.801/2016

Having considered the rival submissions and on perusal of the

record and considering the fact that the appellant has already been

acquitted in the said case in which he was arrested while on bail in

the present case, and that he is in jail since 18.09.2018, this Court

finds force with the contention raised by the learned counsel for the

appellant. In view of the same, this Court is of the considered

opinion that the application for suspension of custodial sentence

deserves to be allowed.

Accordingly, without expressing any opinion on merits of the

case, IA No.7905/2021 is allowed and it is directed that on

furnishing a personal bond by the appellant in the sum of

Rs.1,00,000/- (Rupees One Lakh only) 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 /

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.

Looking to the criminal antecedents of the appellant, he shall

mark his presence before the concerned Police Station on every

Sunday of the month between 12.00 Noon to 04:00 PM.

CRA No.801/2016

Let the matter be listed for final hearing in due course.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2021.09.25 11:30:05 +05'30'