Parmeshwar Das @ Bhura vs State Of M.P.
2022 Latest Caselaw 1474 MP

                                   1
        The High Court Of Madhya Pradesh
                  CRA No. 360 of 2011
                     (PARMESHWAR DAS @ BHURA Vs STATE OF M.P.)

Gwalior, Dated : 02-02-2022
      Heard through Video Conferencing.

      Shri Raj Kumar Singh Kushwaha, learned counsel for appellant.
      Shri   Naval     Kishor    Gupta,     learned    Public    Prosecutor   for
respondents/State.

On the previous date, learned counsel for the appellant cited five orders of Coordinate Bench at Indore & Jabalpur in different criminal appeals [viz.

Order dated 17/01/2022 in CRA No.104/2015, Order dated 17/01/2022 in CRA No.520/2012, Order dated 03/01/2022 in CRA No.387/2017, Order dated 07/01/2022 in CRA No.808/2012, Order dated 03/01/2019 in CRA No.5210/2019] wherein jail sentences have been suspended where appellants have undergone incarceration for more than 10 years to bolster his submission that in the instant case, on the sole consideration of appellant having undergone jail sentence for more than 11 years, his jail sentence may be suspended.

Shri Naval Gupta, learned Public Prosecutor for respondent/State

referring to the judgment of the Full Bench of this Court dated 26/04/2017 passed in Criminal Appeal No.1248/2005 on a reference being made by Hon'ble the Chief Justice, has ruled in para 38 & 39 that solely on the ground of jail incarceration, the sentence can not be suspended in the case of convict in pending Criminal Appeal. Referring to the provision of Section 389(1) Cr.P.C., the full bench has observed that the Court is required to record reasons while considering the application for suspension of sentence i.e. inclusive of seriousness of the offence, nature of the act/acts attributed to appellant and the conviction besides the period of jail incarceration which the appellant has undergone.

However, learned counsel for appellant referring to an order of Hon'ble Supreme Court dated 6/10/2021 reiterates that appellant's case may be

considered for suspension of sentence only on the ground of the period of jail incarceration which the appellant has undergone.

It appears that the subject matter of the case requires hearing, therefore, let this appeal be posted for consideration on I.A.No.130/2022, immediately after resumption of physical hearing or after two weeks, whichever is earlier.

        (ROHIT ARYA)                                                     (SATISH KUMAR SHARMA)
           JUDGE                                                                  JUDGE

  (Dubey)


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        st=Madhya Pradesh,

2.5.4.20=157244b0239a6fd662b29b00a 11fc66a5e160f585aa7a92425f380d476b 32818, pseudonym=046B231C591E29491F36A

DUBEY BD156EBF3A713937186, serialNumber=4009CAE962958E019AD DF04E87EFD5C07FA5D0C38532D550F6 1B55401A275B8C, cn=SUNEEL DUBEY Date: 2022.02.04 10:47:01 -08'00'