Dhul Singh @ Banti vs The State Of Madhya Pradesh
2022 Latest Caselaw 13600 MP

    1            THE HIGH COURT OF MADHYA PRADESH
                      Cr.A. No.1304/2014


              Dhul Singh and others vs. State of M.P.


Indore : 14/10/2022 :-


        Shri Tarun Kushwaha, learned counsel for the appellant
No.4/Vikram Singh.
        Shri K.K. Tiwari, learned Government Advocate for the
respondent/State.
        Heard on IA No.13365/2022, which is the third application
for suspension of sentence under Section 389 (1) of Cr.P.C. filed
on behalf of the appellant No.4/Vikram Singh. In the first
application appellant No.4/Vikram Singh was granted temporary
suspension vide order dated 27/04/2016 and surrendered thereafter
and second application has been rejected vide order dated
19/02/2019.
        The appellant No.4/Vikram Singh has been convicted and
sentenced vide judgment dated 20.08.2014 in Session Trial
No.156/2012 passed by Additional Sessions Judge, Narsinghgarh,
District-Rajgarh.
        Appellant No.4/Vikram Singh has been convicted and
sentenced as below :-
       2             THE HIGH COURT OF MADHYA PRADESH
                         Cr.A. No.1304/2014




--------------------------------------------------------------------------------

Conviction Sentence =============================================== Section Act Imprisonment Fine deposited Imprisonment in details lieu of Fine ======================================================= 148 IPC 1 year RI ------ -------

302/149 IPC Life imprisonment Rs.500/-                  6 months RI
307/149 IPC         5 years RI         Rs.200/-         3 months RI
323/149       IPC    3 months RI          -----                 ------
427          IPC     6 months RI          -----                 ------

Counsel for appellant No.4/Vikram Singh submits that co- accused persons have been granted suspension by this Court vide order dated 27/09/2022 and now he has completed more than ten years of actual jail sentence. As this appeal is of the year 2014 and 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 No.4/Vikram Singh.

     3            THE HIGH COURT OF MADHYA PRADESH
                      Cr.A. No.1304/2014

Learned Govt. Advocate for the respondent/State opposes the prayer for suspension of jail sentence of appellant No.4/Vikram Singh.

Looking to the period of custody and that the appeal is of 2014 and there is no likelihood of final hearing of this criminal appeal in near future and also on ground of parity, without commenting on the merits of the case, the application for suspension of sentence I.A. No.13365/2022 is allowed. Execution of jail sentence of the appellant No.4/Vikram Singh is hereby suspended and it is ordered that the appellant No.4/Vikram Singh 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 No.4/Vikram Singh shall mark his presence before the Registry of this Court on 05/12/2022 and on all such subsequent and on all such subsequent dates, which are fixed in this regard by the Registry.

Accordingly, (I.A.No.13365/2022) stands allowed and disposed off.

                  4             THE HIGH COURT OF MADHYA PRADESH
                                    Cr.A. No.1304/2014

A copy of this order be sent to Court concerned for it's compliance.

Certified copy as per rules.

              (VIVEK RUSIA)                  (AMAR NATH (KESHARWANI))
                  Judge                                Judge

Aiyer*   Digitally signed by
         JAGDISHAN AIYER
         Date: 2022.10.14
         19:04:33 +05'30'