Bisansingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 20104 MP

Madhya Pradesh High Court

Bisansingh vs The State Of Madhya Pradesh on 30 November, 2023

Author: Prakash Chandra Gupta

Bench: Prakash Chandra Gupta

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                     CRA No. 6879 of 2023
                                        (BISANSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 30-11-2023
                                 Ms. Sharmila Sharma, learned counsel for the appellant.

                                 Shri Rahul Solanki, learned G.A. for the State.


                                 Heard o n I.A.No.17541/2023, which is an application filed under
                           Section 389 of Cr.P.C for suspension of jail sentence of appellant no.1-
                           Bisan Singh, who has been convicted by the First Additional Sessions

                           Judge, Alirajpur, District Alirajpur for the offence punishable under
                           sections 307/34 of IPC and 323 of the IPC                vide judgment dated
                           09.05.2023 passed in Sessions Trial No.46/2020 and has been sentenced
                           t o undergo five year and six months R.I. with fine of Rs.5,000/- and
                           Rs.500 with default stipulation.
                                 2. The application has been filed on the ground that out of the total
                           period of jail sentence of five years and six months awarded to the
                           appellant   he has already undergone jail sentence of three years, four

                           months as on today.
                                 3. Counsel for the appellant submits that the appellant has already
                           suffered major jail sentence awarded to him and the hearing of the appeal
                           is still likely to take a considerable period of time and, therefore, the jail
                           sentence of the present appellant also deserves to be suspended.
                                 4. Counsel for the respondent/State has opposed the application.

5. In view of the fact that the appellant has already undergone imprisonment for a period of more than three years and four months out of

jail sentence of five years and six months awarded to him and the fact that t h e hearing of the appeal is likely to take time, in my opinion the circumstances as of now the appellant be released on bail. Consequently, application for suspension of custodial sentence deserves to be allowed.

6. Accordingly, without expressing any opinion on merits of the case, I.A.No.17541/2023 is allowed and it is directed that on furnishing a personal bond by appellant no.1-Bisan Singh in the sum of Rs.1,00,000/- (Rupees One Lac) w i th a solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before concerned trial Court, the execution of the custodial part of the sentence

imposed against appellant shall remain suspended, till the final disposal of this appeal.

7. The appellant, after being enlarged on bail, shall mark his presence before the concerned trial Court on 18.12.2023 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

8. I.A. No.17543/2023 application for urgent hearing also stands closed.

C. c. as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE

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