Ramsingh vs The State Of Madhya Pradesh
2022 Latest Caselaw 1611 MP

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The High Court of Madhya Pradesh : Bench At Indore
DIVISION BENCH:         HON'BLE MR. JUSTICE VIVEK RUSIA &
                        HON'BLE MR. JUSTICE PRANAY VERMA

                  Criminal Appeal No.1360/2016
         Ram Singh & Other v/s The State of Madhya Pradesh
Indore, dated 04.02.2022
        Heard through Video Conferencing.
        Shri Manohar Singh Chouhan, learned counsel for the
appellants.
        Shri Sudhanshu Vyas, learned Panel Lawyer for the
respondent / State.

Heard on I.A. No.1566/2022, which is third 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 appellant No.2 - Dhan Singh S/o Jatan Korkoo.

The present appellant along with three other appellants have been convicted for the offences punishable under Sections 307/34 and 506(2) of the Indian Penal Code and sentenced to undergo Life Imprisonment along with fine of Rs.5,000/- and 3 years' rigorous imprisonment along with fine of Rs.2,000/- respectively. With default clause to further undergo 6 months' and 3 months' rigorous imprisonment respectively.

Learned counsel for the appellant submits that present appellant remained in custody for more than a decade. This appellant has caused injuries by means of lathi. Main accused of this case has been given the benefit of suspension of sentence vide order dated 14.01.2022, therefore, maintaining the parity, jail sentence of this appellant may also be suspended.

Learned Panel Lawyer for the respondent / State opposes the application and supported the impugned judgment.

Taking into consideration the period of custody, nature of accusation and the role attributed to this appellant, we deem it proper to suspend the remaining jail sentence of this appellant. Accordingly, I.A. No.1566/2022 stands allowed.

The execution of remaining jail sentence of appellant No.2 - Dhan Singh S/o Jatan Korkoo is hereby suspended and it is ordered that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to depositing the fine amount (if not already deposited) with a further direction to appear before the Registry of this Court on 22.02.2022 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

Certified copy, as per rules.

    (VIVEK RUSIA)                                 (PRANAY VERMA)
      JUDGE                                           JUDGE

Ravi
Digitally signed by RAVI PRAKASH
Date: 2022.02.07 10:19:50 +05'30'