Madhya Pradesh High Court
Sardarsingh vs The State Of Madhya Pradesh on 26 October, 2023
Author: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 619 of 2014
(SARDARSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 26-10-2023
Shri Gajendra Singh Chouhan - Advocate for appellant No. 4 Sayed
Singh.
Shri Amit Rawal - Public Prosecutor for respondent - State of Madhya
Pradesh.
1. Heard on IA No.15343 of 2023, which is a seventh application
under Section 389 (1) of Code of Criminal Procedure, 1973 for suspension of
remaining jail sentence and grant of bail filed on behalf of appellant No.4 -
Sayed Singh @ Sahab Singh.
2. Vide judgment and order dated 11.04.2014 passed by learned
Eleventh Additional Sessions Judge, Indore in Sessions Trial No.679 of 2008,
the present appellant has been convicted for offence under Sections 148 and
302/149 of Indian Penal Code, 1908 as well as under Section 25 (1-B) (b) of
Arms Act, 1959 and sentenced to undergo rigorous imprisonment for one year
with fine of Rs.500/- and Life Imprisonment with fine of Rs.500/- as well as
rigorous imprisonment for one year with fine of Rs.500/- respectively along with
default stipulation.
3 . Learned counsel for the appellant submits that this repeat
application has been filed on the ground of parity with appellant No.1 Sardar
Singh, appellant No.3 Prem Singh S/o Bapu Singh (in Criminal Appeal No.619
of 2014), who have been granted suspension of remaining jail sentence and bail
only on the ground of period of custody by the Apex Court on 21.08.2023 in
Petition (s) for Special Leave to Appeal (Criminal) No.7593/2023.
Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 27-10-2023
13:36:49
4. Learned counsel for the appellant submits that there are omnibus
allegations against all the accused persons that they assaulted the deceased by
means of sword. The deceased received as many as nine incised wounds all
over part of the body. Learned counsel also submits that the deceased came up
with the firearm to the house of this appellant and started firing. First
Information Report under Section 307 of IPC was registered against him, but he
died, hence the trial Court did not proceed against him. The present appellant is
in jail since last more than ten years. He was on bail during trial and never
misused the liberty extended to him.
5. Learned counsel for the respondent - State opposes the
application.
6. Considering the facts and circumstances of the case and
arguments advanced by learned counsel for the parties, this Court is of the
considered opinion that the application for suspension of custodial sentence
moved on behalf of the appellant deserves to be allowed, maintaining parity with
co-appellants Sardar Singh and Prem Singh.
7. Accordingly, maintaining parity, IA No.15343 of 2023 is
allowed and it is directed that subject to depositing fine amount and on
furnishing personal bond by appellant No.4 - Sayed Singh @ Sahab Singh in
the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent
surety in the like amount to the satisfaction of the learned trial Court, the
execution of custodial part of the jail sentence of the appellant shall remain
suspended, till the final disposal of this appeal. The present appellant after being
enlarged on bail, shall mark his presence before the Registry of this Court on
22.12.2023 and on all such subsequent dates as may be fixed by the Registry
Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 27-10-2023
13:36:49
of this Court in this regard.
Certified copy, as per rules.
(VIVEK RUSIA) (ANIL VERMA)
JUDGE JUDGE
soumya
Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 27-10-2023
13:36:49
