Mor Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 16524 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 11048 of 2019 (MOR SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 06-10-2023 Shri Manoj Saxena - Advocate for appellants.

Shri Sudhanshu Vyas - Government Advocate for State. Heard on I.A. No. 11186/2023, an application filed u/s. 389(1) of Cr.P.C. for suspension of jail sentence on behalf of appellants Kailash @ Ramkailash and Babru.

The appellants stand convicted under sections 341, 147, 148, 323/149,

307/149 and 302/149 of IPC and have been sentenced to undergo one month RI, one year RI, two years RI, One year RI, Five years RI and Life Imprisonment with fine of Rs 500 and 2000/- with usual default stipulation.

As per prosecution story, on 28.8.2016 dispute arose between Amarsingh and Mor Singh. In order to take revenge, on 28.9.2016 near about 8.30 pm Morsingh alongwith his three sons and daughter in law assaulted Amar Singh and his three sons. In the said assault, Amar Singh died and other persons sustained injuries. Accordingly these appellants were convicted vide judgment dated 10.12.2019 passed by 2nd Additional Sessions Judge Rajgadh

District Rajgadh. The suspension of sentence of appellant Kamalsingh has been rejected as he has a strong criminal history. The suspension of sentence of appellant Morsingh has also been rejected.

At this stage, counsel for appellants seeks permission to withdraw suspension of sentence on behalf of appellant Babru.

Prayer allowed.

Suspension of sentence on behalf of appellant Babru is dismissed as Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 06-10-2023 18:09:49

withdrawn.

So far as suspension of sentence on behalf of appellant Kailash is concerned, learned counsel submits that Kailash is said to have caused injury by means of Farsi but none suffered injury by means of Farsi. He was on bail during trial. He has completed almost five years in custody. So far as criminal records are concerned, they are under section 323 of IPC and all family members are in jail and therefore, no one is there to look after the agriculture, house and the minor children of other accused persons. He, therefore, prays for suspension of jail sentence and release him on bail.

On the other hand, learned Govt. Advocate opposes the prayer and

prays for rejection of the application.

Considering the aforesaid, without commenting anything on the merits of the case, the application for suspension of sentence (I.A. No.11186/2023) is allowed and it stands closed. It is directed that subject to deposit of the fine amount, if not already deposited, with the trial Court and on furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with a solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court, the execution of remaining custodial part of sentence of the appellant - Kailash @ Ramkailash shall remain suspended, till final disposal of this appeal. The appellant Kailash after being enlarged on bail shall mark his presence before the Registry of this Court on 20.12.2023 and on all such subsequent dates, which are fixed in this behalf.

                             (VIVEK RUSIA)                                               (ANIL VERMA)
                                 JUDGE                                                      JUDGE
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 06-10-2023
18:09:49

                           BDJ




Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 06-10-2023
18:09:49