Kesharsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 827 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        CRA No. 69 of 2015
                                        (KESHARSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 13-01-2023
                                 Shri Santosh Kumar Meena, learned counsel for appellant No.1

                           Keshar Singh S/o Kishanlal Tanwar.
                                 Shri Hitendra Tripathi, learned counsel appearing on behalf of the
                           Advocate General.

                                 Heard on IA No.14325/2022, a repeat (tenth) 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.1 Keshar Singh S/o Kishanlal.
                                 The present appellant has been convicted by learned Additional Sessions
                           Judge, Rajgarh (Biaora), District Rajgarh (MP) in Sessions Trial No.12/2014
                           vide judgment dated 15th December, 2014 under Sections 302 and 302/34 of
                           Indian Penal Code, 1860 and sentenced to undergo rigorous imprisonment for
                           life along with fine of Rs.20,000/-; and in default of payment of fine, the
                           appellant was directed to undergo two years additional rigorous imprisonment.
                                 Learned counsel for the present appellant has submitted that the

                           appellant’s earlier sixth application (IA No.4962/2019) has already
                           been dismissed by this Court vide order dated 26.06.2019 on merits, but in the
                           present application, the appellant is seeking suspension of sentence and grant of
                           bail on the ground of appellant's incarceration, as the appellant is in jail since
                           last around nine years and twenty five days.
                                 Counsel has also relied upon a decision dated 25.02.2022 of the
                           Supreme Court in the case of Saudan Singh v. The State of Uttar Pradesh
                           in Criminal Appeal No.308/2022 (@ SLP (Crl.) No.4633/2021), wherein
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 15-01-2023
18:32:57
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                           the Supreme Court has suspended the sentence taking into account eight years
                           of imprisonment, without going into the merits of the case.
                                 It is submitted that in the present case, only one injury was caused by the
                           appellant. Thus, it is submitted that the present suspension application be
                           allowed.
                                 Learned counsel for the respondent / State, on the other hand, has

opposed the prayer.

Having considered the rival submissions and on perusal of the record as also the decision rendered by the Supreme Court in the case of Saudan Singh (supra), this Court is inclined to allow the present application, taking note of the

period of incarceration of the appellant.

Accordingly, without expressing any opinion on merits of the case, IA No.14325/2022 is allowed, subject to depositing the fine amount, if any, and it is directed that on furnishing a personal bond by the appellant in the sum of Rs.50,000/- (Rupees fifty thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his / her regular appearance before concerned trial Court, the execution of the custodial part of the sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his / her presence before the concerned trial Court on 28.02.2023 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

C. c. as per rules.

                             (SUBODH ABHYANKAR)                                             (ANIL VERMA)
                                   JUDGE                                                       JUDGE

Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 15-01-2023
18:32:57

                           rcp




Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 15-01-2023
18:32:57