Prahlad Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 6481 MP

       IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                       CRA No. 417 of 2017
        (PRAHLAD SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)




Gwalior, Dated:-29/04/2022
      Shri R.K.Shrivastava, learned counsel and Shri B.K.

Sharma, learned counsel for the appellants.

      Shri   Nitin Goyal, learned Panel             Lawyer for the

respondent/State.

Shri S.N. Dubey, learned counsel for the complainant.

Heard on IA No. 24778 of 2021, seventh application u/S.

389(1) of CrPC seeking suspension of sentence and grant of bail

filed on behalf of appellant No.1- Prahalad Singh.

Present appellant has been convicted under Sections 302/34

of IPC and sentenced to Life Imprisonment with fine of

Rs.5,000/- with default stipulations.

It is submitted by learned counsel for the appellant No.1

that this is the seventh suspension application. Earlier suspension

applications were dismissed as withdrawn. It is further submitted

that the appellant No.2 Rampal and appellant No.3. Sumran have

already been granted suspension of sentence vide orders dated

12/05/2017 and 23/06/2017. Eye witnesses Devi Singh (PW-3)

and Bharat Singh (PW-4) have not stated about the incident even

after one month of incident despite being eye witnesses, they had

not tried to save the deceased. It is also submitted that although appellant No.1 has been convicted under Section 302/34 of IPC

but there is no common intention to cause death of the deceased

and is not equally liable. The present appellant is in custody since

last five years and five months from the date of judgment and

during the trial, nine months. The present appellant is in custody

since the date of passing of impugned judgment i.e. 08/03/2017

and there is no likelihood of appeal coming up for hearing in

future. Hence, it is prayed that suspension of jail sentence of

present appellant may be suspended and he may be granted bail.

Learned Panel Lawyer appearing for the State and counsel

for the complainant have supported the impugned judgment and

prayed for dismissal of suspension application.

Considering the aforesaid facts and circumstances of the

case and the fact that the jail sentence of co-convicted accused,

namely, Rampal and Sumran have already been suspended and

the case of present appellant is also on same footing and the

appeal is likely to take some time for hearing in future, IA

No.24778 of 2021 is hereby allowed and it is directed that the

execution of jail sentence of appellant No.1 Prahalad Singh

shall remain suspended during pendency of this appeal and he

shall be released on bail subject to furnishing a personal bond in

the sum of Rs.1,00,000/- (Rupees one lac only) with one solvent

surety in the like amount to the satisfaction of the trial Court and also subject to deposit of fine amount (if not already deposited)

for his appearance before Registry of this Court on 30/06/2022

and on further dates as may be fixed by the Registry in this

regard.

CC as per rules.

                     (Rohit Arya)              (Rajeev Kumar Shrivastava)
                       Judge                           Judge
Monika

         MONIKA SHARMA
         2022.04.30
         10:43:40 +05'30'