Darbar Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 2001 MP

                                                   1                                   CRA No.1491/2022



                   High Court of Madhya Pradesh, Jabalpur
                               Bench at Indore
               Criminal Appeal No.1491/2022
Indore, Dated 14.02.2022
       Shri Rituraj R. Bhatnagar, learned counsel for appellant No.1 Darbar

Singh s/o Bhim Singh Rajput, appellant No.2 Virendra Singh s/o Bhagwan

Singh Rajput, appellant No.3 Toofan Singh s/o Bhagwan Singh Rajput,

appellant No.4 Baje Singh s/o Bhim Singh Rajput, appellant No.5 Rajendra

Singh s/o Bhagwan Singh Rajput, appellant No.6 Narayan Singh s/o Karan

Singh Rajput and appellant No.7 Jitendra Singh s/o Karan Singh Rajput.

       Smt. Mamta Shandilya, learned Government Advocate for the

respondent / State of Madhya Pradesh, on advance notice.

       Heard on IA No.2188/2022, first 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 appellants.

       The present appellants have been convicted and sentenced by learned

Additional Sessions Judge, Bhanpura, District Mandsaur (MP) in Sessions

Trial No.CIS ST/28/2016 vide judgment dated 29 th January, 2022, as under:

-

              Conviction                               Sentence
       Section        Act     RI        Fine            Imprisonment in lieu of fine
                                       amount
        148           IPC   2 years   Rs.1,000/-                  1 month RI
     323 r/w 149      IPC   1 year    Rs.500/-                    1 month RI

Counsel for the appellants has submitted that the appellants were on

bail during the trial and they did not misuse the liberty so granted to them.

After conviction, the jail sentence of the appellants has already been

suspended by the trial Court itself up to 28.02.2022. It is further submitted

that short sentence of two years RI has been imposed on each of the

appellants and there are fair chances of success in the appeal and there is no

possibility of early disposal of this appeal in near future and if the sentence

is not suspended, then the present appeal filed by the appellant (s) may turn

infructuous. Under these circumstances and looking to the short sentence

imposed on the appellants, counsel for the appellants prays for suspension

of jail sentence of the appellants and grant of bail to them.

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

hand, opposed the application by submitting that no sufficient ground is

made out for releasing the appellants on bail; hence the application filed by

the appellants be dismissed.

Considering the facts and circumstances of the case and the

arguments advanced by the counsel for the parties as also looking to the

short sentence of three years RI awarded to them, 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.2188/2022 is allowed, subject to depositing the fine amount, if any,

and it is directed that on furnishing a personal bond by each of the appellant

in the sum of Rs.50,000/- (Rupees fifty thousand 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 (s) shall remain

suspended, till the final disposal of this appeal.

The appellant (s), after being enlarged on bail, shall mark his / her

presence before the concerned trial Court on 11.05.2022 and on all such

subsequent dates, as may be fixed by the concerned Court in this regard.

Let the record (physical) of the case from the concerned trial Court be

requisitioned; and list the matter on the question of admission along with

Criminal Appeal No.1492/2022 for analogous hearing.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.02.14 17:48:10 +05'30'