Baje Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 15031 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE
                           BEFORE
                  HON'BLE SHRI JUSTICE VIVEK RUSIA
                                          &
      HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
                    ON THE 16th OF NOVEMBER, 2022

                     CRIMINAL APPEAL No.509/2016
            (BAJE SINGH Vs. STATE OF MADHYA PRADESH)
        Shri A.S.Parihar, learned counsel for the appellant.
        Shri K.K.Tiwari, learned Govt. Advocate for the respondent/State.

The sole appellant Baje Singh has been convicted and sentenced vide judgment dated 13/01/2016 in Session Trial No.103/2012 passed by Sessions Judge (SC/ST)& Additional Sessions Judge, District Ujjain

The conviction and sentence of the present appellant is as below:-

     Conviction                                    Sentence
Section     Act     Imprisonment            Fine deposited details Imprisonment in
                                                                   lieu of Fine
302         IPC     Life imprisonment               Rs.5,000/-       1 year R.I

Heard on I.A.No.2919/2022 which is first application for suspension of sentence filed under section 389(1) of the Cr.P.C. on behalf of sole appellant Baje Singh.

Learned counsel for the appellant submits that the appellant has completed more than 10 years of actual jail sentence. The dispute suddenly occurred as the appellant was throwing stones and deceased

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objected to it. Both were neighbors and there was no previous enmity between them. The appellant was released on parole but he never misused the liberty. As this appeal is of the year 2016 it is not likely to come for final hearing in near future; hence, in these circumstances, learned counsel prays for suspension of jail sentence of appellant.

Learned Government Advocate for the respondent/State opposes the prayer for suspension of remaining jail sentence of appellant.

Looking to the period of custody and the appeal is of 2016 as there is no likelihood of final hearing of this criminal appeal in near future, without commenting on the merits of the case, the application for suspension of sentence I.A. No.2919/2022 is allowed. Execution of jail sentence of the appellant Baje Singh 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 surety in the like amount to the satisfaction of the learned trial Court for his appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal.

The appellant Baje Singh shall mark his presence before the Registry of this Court on 12/04/2022 and on all such subsequent and on all such subsequent dates, which are fixed in this regard by the Registry.

I.A.No.8728/2022 also stand disposed of.

            (VIVEK RUSIA )              (AMAR NATH (KESHARWANI))
                JUDGE                             JUDGE
       Digitally signed
das    by REENA
       PARTHO SARKAR
       Date: 2022.11.16
       18:00:03 +05'30'