Sudarshan Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 5935 MP

Madhya Pradesh High Court

Sudarshan Singh vs The State Of Madhya Pradesh on 27 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 6843 of 2021 (SUDARSHAN SINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 27-02-2024 Shri Anand Nayak - Advocate for the appellant.

Shri A.N. Gupta - Government Advocate for the State.

Heard on I.A. No.14093 of 2023, application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant - Sudarshan Singh arising out of judgment dated 10.08.2021 delivered in S.T.

No.79/2016 passed b y Second Additional Sessions Judge, Devsar District Singrauli.

The appellant has been convicted under Sections 302/34 of I.P.C. and sentenced to undergo R.I. for Life Imprisonment with fine of Rs.1000/- with default stipulations.

Learned counsel for the appellant while taking this Court through the prosecution story submits that on 26.08.2009, the complainant Parvati got an information at her house from Lalman Singh that in their agricultural field, the appellant and Hemshah Singh are present and they are trying to take benefit of

their crop. The complainant's husband Samaylal reached there and asked the appellant not to take the benefit of their labour and crop because of which a quarrel had taken place and during that appellant caused multiple injuries on Samaylal by means of 'lathi'. Learned counsel for the appellant submits that this appellant remained in actual custody for 08 years, 02 months and 10 days. The incident took place suddenly without there being any pre-meditation. Thus, necessary ingredient for attracting Section 302 of IPC are absent. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of the

present appellant may be suspended.

Learned Government Counsel for the State opposed the prayer but he did not dispute the factual background of story and the period of custody.

Considering the aforesaid factual backdrop and bleak chances of final hearing in near future, without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.14093 of 2023 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 the appellant - Sudarshan 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, Devsar District Singrauli on 29.04.2024 and also on such further 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
                          Prar