Ramsingh vs The State Of Madhya Pradesh
2022 Latest Caselaw 3078 MP

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HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
  (DIVISION BENCH : HON. Mr. JUSTICE VIVEK RUSIA &
             HON. Mr. JUSTICE PRANAY VERMA )
                Criminal Appeal No. 1360 of 2016
            (Ramsingh and other V/s. The State of M.P.)
Date: 04.03.2022 :
     Shri Manohar Singh Chouhan, learned counsel for the
appellant no.4.
     Ms. Vineeta Phaye, learned Govt. Advocate for the
respondent/State.

Heard on I.A. No.2788/2022, which is repeat second 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.4 - Banshi.

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 and co-accused Dhan Singh has been granted benefit of suspension vide order dated 04.02.2022, 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

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proper to suspend the remaining jail sentence of this appellant.

Accordingly, I.A. No.2788/2022 stands allowed. The execution of remaining jail sentence of appellant No.4

-Banshi 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 26.09.2022 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
Ajit/-



AJIT

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

KAMALAS st=Madhya Pradesh, 2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6c ba241effad892107d95ef0a1afc55b4, pseudonym=CFDFD9C36711CA738F527A5D61A1 EE901C09EF29,

ANAN serialNumber=7F0BEE2D78BD57DA058F3247441 C87E7E0817FB61F5E2ABCAEE63CAAA7B3B9FF, cn=AJIT KAMALASANAN Date: 2022.03.04 17:20:13 +05'30'