Premsingh And 2 Ors. vs The State Of Madhya Pradesh
2023 Latest Caselaw 2189 MP

                                                                 1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                         CRA No. 1405 of 2012
                                       (PREMSINGH AND 2 ORS. AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 07-02-2023
                                    Shri Kshitij Vyas, learned counsel for the appellants.

                                    Shri K. K. Tiwari, learned Govt. Advocate for the respondent/State.

Heard on I.A. No.3697/2022, which is first application for suspension of jail sentence and grant of bail filed under section 389 of the Cr.P.C. on behalf of appellant no.1-Prem Singh, appellant no.2 Ringaniya and appellant no.3- Lal

Singh.

The trial Court has convicted the appellants under section 302 read with section 34 of the IPC and sentenced to undergo Life Imprisonment with fine of Rs.100/- vide judgment dated 17.08.2012 passed by the Special Judge, District Badwani in S.T. No.101/2011.

As per prosecution case, on 03.06.2011 at about 8 p.m. the appellants physically assaulted the deceased Sur Singh. Appellant- Lal Singh gave blow to the deceased by means of Dharia on his head, appellants-Ringaniya and Lal Singh gave blow to the deceased by means of lathis. Due to injuries the

deceased died.

Learned counsel for the appellants submit that appellants have not committed any offence and they have falsely been implicated in the case. Counsel for the appellants further submit that the incident has taken place due to sudden quarrel between the parties. The appellants are in custody more than 11 years. Final hearing of the appeal is not possible in near future therefore, it is prayed that remaining jail sentence of the appellants may be suspended and appellants may be released on bail.

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 08-02-2023 11:35:20

Learned Govt. Advocate for the respondent/State opposed the prayer of the appellants.

We have heard learned counsel for both the parties and perused the record.

Looking to the facts and circumstances of the case and considering the evidence available on record against the appellants coupled with the fact that final hearing of the appeal is not possible in near future, without expressing any opinion on merits of the case, the application I.A. No.3697/2022 is allowed and jail sentence of the appellants shall remain suspended.

It is directed that subject to depositing the fine amount, if already not

deposited, appellants shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand) each along with separate sureties in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 14.03.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

List for final hearing in due course.

                                  (S. A. DHARMADHIKARI)                      (PRAKASH CHANDRA GUPTA)
                                           JUDGE                                      JUDGE

                           ajit




Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 08-02-2023
11:35:20