Antar Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 10901 MP

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                                                         CRA No. 1202/2017


         HIGH COURT OF MADHYA PRADESH: BENCH INDORE
   BEFORE DIVISION BENCH OF HON'BLE SHRI JUSTICE VIVEK
        RUSIA & HON'BLE SHRI JUSTICE ANIL VERMA
                        CRA No. 1202 of 2017
                 (ANTAR SINGH. V/S. STATE OF M.P.)
Date: 14.07.2023 :
      Shri Santosh Kumar Meena, learned counsel for the appellant.
      Shri Amit Rawal, learned Govt. Advocate for respondent/State.

Heard on I.A. No.8669/2023, a repeat (2nd) application filed u/s. 389(1) of Cr.P.C. for suspension of jail sentence on behalf of appellant

- Antar Singh.

The appellant stands convicted vide judgment dated 4.7.2016 passed by 1st Sessions Judge, Biaora, District Rajgarh in Sessions Trial No. 337/2013 u/s. 341/34, 307/34 and 302/34 of the IPC and sentenced to undergo one month's SI; life imprisonment; and 10 years RI and to pay fine of Rs.500/0; 5,000/-; and 2,000/- respectively with default stipulation.

Learned counsel for the appellant submits that the dispute suddenly occurred and the offence would not travel more than offence u/s. 304 Part II of the IPC. The appellant has no criminal past. He has already completed more than 10 years' jail sentence. This appeal is of the year 2017 and there is no likelihood of early hearing of the appeal in near future. The jail sentence of other co-accused viz. Santosh and Teja has already been suspended by this Court. He, therefore, prays for suspension of jail sentence of appellant and to release him on bail.

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CRA No. 1202/2017

On the other hand, learned Govt. Advocate opposes the prayer and prays for rejection of the application.

In view of the above facts and circumstances of the case in totality, without commenting anything on the merits of the case, we deem it proper to suspend the jail sentence of this appellant.

Accordingly, I.A. No.8669/2023 is allowed and it stands closed. It is directed that subject to deposit of fine amount with the trial Court, if not already deposited, and on furnishing personal bond by the appellant - Antar Singh in the sum of Rs.50,000/- (Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court on 18.12.2023 and on all such subsequent dates, which are fixed in this behalf, during pendency of this appeal the execution of custodial part of the jail sentence of the appellant shall remain suspended till final disposal of this appeal.

C.C. as per rules.

         [ VIVEK RUSIA ]                             [ANIL VERMA]
             JUDGE.                                     JUDGE.
Alok/-

Digitally signed by ALOK GARGAV
Date: 2023.07.14 18:30:25 +05'30'