Bhuwan Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 4689 MP

Madhya Pradesh High Court

Bhuwan Singh vs The State Of Madhya Pradesh on 17 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 1995 of 2016
                                             (BHUWAN SINGH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 17-02-2024
                                 Shri Z.M. Shah - Advocate for the appellant.

                                 Shri Yogesh Dhande - Government Advocate for the respondent-State of

M.P.

Heard on I.A.No.650 of 2024 application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to sole appellant -

Bhuwan Singh arising out of judgment dated 28.08.2015 delivered in S.T No.30/2014 by Second Additional Sessions Jud ge, Khandwa, District Khandwa.

The appellant has been convicted under Section 332 of IPC and sentenced to undergo R.I for 3 years with fine of Rs.1,000/- and under Section 302 of IPC sentenced to undergo life imprisonment with fine of Rs. 1,000/- with default stipulations.

Learned counsel for the appellant by pressing the application for suspension of sentence for sole appellant Bhuwan Singh submits that as per

prosecution version the incident occurred upon a sudden quarrel relating to dispute between the deceased and the present appellant arising from collection of firewood from the jungle. It is stated that the incident occurred at the spur of moment on sudden impulse without any pre-meditation. It is further argued that even if the prosecution version is accepted in entirety, the case would not amount to one under Section 302 of IPC. The learned counsel for the appellant further submits that appellant is in actual custody since last more than 10 years and there is no likelihood of the appeal being finally heard in near future. Thus,

the remaining jail sentence of present appellant may be suspended.

Learned counsel for the State opposed the application for suspension of sentence on the basis of previous objection filed objecting the previous bail application of this appellant.

Considering the aforesaid factual aspect and without giving any conclusive opinion on merits of the case,we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.650 of 2024 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed

that appellant - Bhuwan Singh be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court Khandwa o n 22nd April, 2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per Rules.

                             (SUJOY PAUL)                                                  (VIVEK JAIN)
                                JUDGE                                                         JUDGE

                          sarathe