Madhya Pradesh High Court
Meghsingh @ Meghla And 2 Ors. vs The State Of Madhya Pradesh on 18 October, 2022
Author: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 201 of 2014
(MEGHSINGH @ MEGHLA AND 2 ORS. AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 18-10-2022
Shri Girish Desai, learned counsel for appellant no. 1 - Meghsingh alias
Meghla.
Shri Gulab Sharma, learned counsel for the appellant no. 3 - Ramesh.
Shri K.K. Tiwari, learned Government Advocate for the respondent /
State of Madhya Pradesh.
Heard on I.A. No. 13501/2022, an application for urgent hearing on I.A.
No. 12259/2022 filed on behalf of appellant no.1.
I.A. is allowed and closed.
Further heard on IA No.12259/2022, 7th repeat application under Section
389 (1) of the Code of Criminal Procedure, 1973 for suspension of sentence
filed on behalf of appellant no.1 - Meghsingh alias Meghla.
Appellant's 1st, 2nd, 3rd and 5th applications have already been
dismissed as withdrawn vide orders dated 05.08.2014, 30.10.2014,15.07.2016,
31.01.2022 and his 4th and 6th bail applications were allowed temporarily vide
orders dated 19.03.2018 & 25.04.2022.
Also heard on I.A. No. 11496/2022, which is 2nd repeat application filed
on behalf of appellant no.3 - Ramesh.
Appellant's first application was allowed temporarily vide order dated
07.10.2015.
The trial Court has convicted the appellants under Section 302 r/W 149
and 147 of IPC aand sentenced to undergo life imprisonment with fine of Rs.
10,000/- each and 01 year RI with fine of Rs. 10,000/- each default stipulation,
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 10/18/2022
7:28:29 PM
vide judgment of conviction and order of sentence dated 09.01.2014 passed by
Sessions Judge, District Jhabua (MP) in ST No.25/2009.
Learned counsel for the appellant no.1 and appellant no. 3 both submit
that appellant both the appellants are in jail since more than 10 years and that
there is no likelihood of hearing of appeal in near future. Appellants have not
misused the liberty granted to them by this Court. In view of aforesaid
considering the period of custody, learned counsel for the appellant no. 1 and
learned counsel for appellant no.3 pray for suspension of remaining jail sentence
and grant of the bail to the appellant no.1 and 3 Meghsingh alias Meghla and
Ramesh.
Learned counsel appearing for the respondent/State has opposed the
prayer and submitted that offences alleged against the appellants are of very
serious in nature, therefore, they may not be released on bail.
Having considered the rival submissions, perusal of the record and taking
note of the period of incarceration which is more than 10 years and the fact that
early disposal of the appeal will take long time, without expressing any opinion
on merits of the case, the application is allowed and jail sentence of the
appellant no.1 - Meghsingh alias Meghla and appellant no.3 - Ramesh shall
remain suspended.
I t is directed that subject to depositing the fine amount, if already not
deposited, appellant no.1 - Meghsingh alias Meghla and appellant no.3 -
Ramesh shall be released on bail, on furnishing personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) each along with solvent surety in the
like amount to the satisfaction of trial Court, for their appearance before the
Registry of this Court firstly on 28.11.2022, and on such other dates, as may
be fixed by the Registry in this regard, till final disposal of this appeal.
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 10/18/2022
7:28:29 PM
I.A. No.12259/2022 and I.A. No. 11496/2022 stand disposed of.
(SUBODH ABHYANKAR) (SATYENDRA KUMAR SINGH)
JUDGE JUDGE
sh
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 10/18/2022
7:28:29 PM
