Kadar vs The State Of Madhya Pradesh
2022 Latest Caselaw 972 MP

 THE HIGH COURT OF MADHYA PRADESH, INDORE
                  BENCH
                 CRA No.3179/2019


Indore, dated 20/01/2022
        Heard through video conferencing.
   Shri Saif Ali, learned counsel for the appellants.
      Ms. Nisha Jaiswal, learned P.L. for the respondent /State.

Also heard on I.A. No.24772/2021, second application filed under Section 389 (1) of Cr.P.C. for grant of suspension of jail sentence. First application was dismissed as withdrawn on behalf of the appellants.

The appellant has been convicted and sentenced by the JMFC, Bagli, Indore vide judgment dated 10.09.2010 affirmed by First Additional Sessions Judge, Bagli, District Dewas vide judgment dated 29.12.2016 passed in S.T. No.275/2010 as under:

 Conviction                           Sentence
Sections and Act         Imprisonment Fine         Imprisonment      in
Act                                                lieu of fine
304(1) rw 34 IPC         10 years         5000/-   4 Months S.I.

Learned counsel for the appellants submits that the appellants are innocent persons and have falsely been implicated in the present case. The learned trial Court has erred in convicting the appellants without considering the evidence on record. Counsel for the appellants further submits that Hon'ble the apex Court in a judgment reported in (1994) 6 SCC 731 (Supreme Court Legal Aid Committee Representing Under trial Prisoners vs. Union of India and others) and affirmed in Civil Appeal No.1640 of 2010 (Thana Singh vs. Central Bureau of Narcotics) decided on 30.08.2010 has held that if the period of custody has been undergone by the accused for more than 50% of the sentence, the same should be considered a ground while consider the application for bail. The applicants have completed 7 years and 10 months till today as per the Certificate dated 17.08.2021 issued by Jail Superintendent, District Jail Dewas. Hence, the appellant may be granted suspension of jail sentence.

Learned counsel for the State has opposed the prayer. I have heard the learned counsel for the parties and perused the record.

Accordingly, I.A. No.24772/2021 filed on behalf of appellants Kadar and Amar Singh is allowed and it is directed that subject to deposit fine amount and on furnishing personal bond by appellants in the sum of Rs.25,000/- (Rupees Twenty Five only) each with one solvent surety in the like amount to the satisfaction of the learned trial Court, for their regular appearance before the registry of this Court, the execution of custodial part of the remaining sentence imposed against the appellants shall remain suspended, till the final disposal of this appeal.

The appellants, after being enlarged on bail, shall mark their presence before the registry of this Court on 25.02.2022 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

Certified copy, as per rules.

This is an admitted appeal.

Record be requisitioned.

List for final hearing in due course.

(Rajendra Kumar (Verma)) Judge

amit

AMIT Digitally signed by AMIT KUMAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001,

KUMA st=Madhya Pradesh, 2.5.4.20=18db6b55824fa1834dc7e61d 06ed3c79a81bc156ec0309c5245d47a0 a52604de, pseudonym=713D9BD68EDDADCD6B 88DA2B1BCDCFC0369478F5,

R serialNumber=62B9B1A094FCDF2F010 7E91326BC51DC9DCF83F25C9D67245 FE3BCCFD0F2DB67, cn=AMIT KUMAR Date: 2022.01.22 11:30:36 +05'30'