Madhya Pradesh High Court
Indar Singh vs The State Of Madhya Pradesh on 28 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 4772 of 2018
(INDAR SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 28-02-2024
Shri S.K. Yadav - Advocate for the appellants.
Shri A.K. Nirankari - Public Prosecutor for the respondent/State.
Heard on IA No.22076 of 2023, which is the third repeat application
under Section 389 of CrPC filed on behalf of appellant no.1 - Inder Singh
Yadav seeking suspension of sentence and grant of bail.
Present appellant alongwith other accused persons stood convicted
und er Section 148 of IPC and sentenced to suffer two years' rigorous
imprisonment with fine of Rs.500/-, under Section 302/149 of IPC and
sentenced to life imprisonment with fine of Rs.1,000/- and under section
323/149 of IPC (two counts) and sentenced to three months' rigorous
imprisonment with fine of Rs.200/- with default stipulation vide judgment of
conviction and order of sentence dated 6.6.2018 passed by Additional Sessions
Judge, Pichhore District Shivpuri in Sessions Trial No. 290/2012.
Present appellant has already undergone jail sentence of about six years
and six months.
Learned counsel for the appellants while taking exception to the
impugned judgment of conviction and order of sentence submits that the trial
Court has not appreciated the evidence placed on record in correct perspective.
The present appellant has been falsely implicated in the instant case. Only
omnibus allegations have been levelled against the appellant and other co-
accused persons. Appellant has already suffered incarceration for more than six
and half years. That apart, appeal is of the year 2018 and there is no likelihood
of early hearing of the appeal in near future. On these grounds, learned counsel
submits that present appellant may be extended the benefit of suspension of
sentence and grant of bail.
Per contra, Shri A.K. Nirankari, Public Prosecutor for the State
opposes the application and prays for its rejection supporting the impugned
judgment with submission that looking to the gravity and nature of offence, no
exception can be taken to the impugned judgment in the matter of grant of
benefit of suspension of sentence to present appellant.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting on rival contentions touching merits of the case, but in the
obtaining facts and circumstances, we are of the view that appellant deserves to
be and is accordingly extended the benefit of suspension of sentence.
Accordingly, it is directed that the jail sentence of appellant No.1 -Inder
Singh Yadav shall remain suspended and he shall be released on bail on his
furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lakh
only) with one solvent surety in the like amount to the satisfaction of the trial
Court.
Appellant No.1 - Inder Singh Yadav is directed to appear before the
Registry of this Court first on 29.05.2024 and on other subsequent dates as
may be fixed by Office in this behalf.
Accordingly, IA No. 22076 of 2023 stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
Pawar
