Madhya Pradesh High Court
Sobhagsingh vs The State Of Madhya Pradesh on 13 January, 2023
Author: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 1441 of 2016
(SOBHAGSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 13-01-2023
Shri Santosh Kumar Meena, learned counsel for appellant No.2
Balveer Singh S/o Gopal Singh.
Shri Hitendra Tripathi, learned counsel appearing on behalf of the
Advocate General.
Heard on IA No.9438/2022, FIRST 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.2 Balveer Singh S/o Gopal Singh.
The present appellant has been convicted by learned 2nd Additional
Sessions Judge, Rajgarh, District Rajgarh (MP) in Sessions Trial No.85/2014
vide judgment dated 24th September, 2016 under Section 302 of Indian Penal
Code, 1860 and sentenced to undergo rigorous imprisonment for life along with
fine of Rs.5,000/- and in default of payment of fine, the appellant was directed
to undergo two years additional rigorous imprisonment; and also convicted
under Section 342 of IPC and sentenced to undergo six months RI.
Learned counsel for the present appellant has submitted that 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 eight
years eleven months and twenty eight days (as he was arrested on 18.01.2014).
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
the Supreme Court has suspended the sentence taking into account eight years
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 15-01-2023
18:39:02
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of imprisonment, without going into the merits of the case.
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.9438/2022 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
rcp
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 15-01-2023
18:39:02
