Deva @ Devendar @ Kada And Anr. vs The State Of Madhya Pradesh
2024 Latest Caselaw 12536 MP

Madhya Pradesh High Court

Deva @ Devendar @ Kada And Anr. vs The State Of Madhya Pradesh on 3 May, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        CRA No. 202 of 2014
                               (DEVA @ DEVENDAR @ KADA AND ANR. AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 03-05-2024
                                 Shri Sunil Gupta - Advocate for appellant No.1.

                                 Shri Sudhanshu Vyas - Government Advocate for respondent / State.

Heard on IA No.7182 of 2024, which is third (repeat) application under Section 389 of Code of Criminal Procedure, 1973 for suspension of sentence and grant of bail filed on behalf of appellant No.1 Deva @ Devendra.

2. The appellant has been convicted for the offence punishable under Sections 120-B, 396 and 412 of IPC and sentenced to undergo Life Imprisonment, Life Imprisonment and 10 years RI with fine of Rs.10,000/-, Rs.10,000/- and Rs.8,000/- respectively with default stipulation.

3. This application has been filed only on the ground of custody period of the appellant. The counsel for the appellant submits that this appellant is in jail from the date of arrest i.e. 18.12.2013 and has completed more then 11 years and 9 months of jail sentence. This Criminal Appeal is of the year 2014 and there is no likelihood of early hearing of this Appeal. There is a strong case

in favour of the appellant. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

4. On the other hand, learned Government Advocate opposes the prayer by stating that as many as 9 criminal antecedents have been found against the present appellant. Finger print of the present appellant has been found on the house of deceased as well as he was identified. As per the finding recorded by the Court, loot and murder were caused by all the accused and specific allegation cannot be levelled against the one accused for committing crime. He

is a habitual offender. Hence, he does not deserve for benefit of suspension of jail sentence.

5. In reply counsel for the appellant submits that appellant has been acquitted in aforesaid nine criminal cases.

6. Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that allegations against all the accused are identical as read by counsel in Para 14 of the impugned judgment. Other co-accused persons have been granted the benefit of suspension of jail sentence. This appeal is of the year 2014 and there is likelihood of early hearing of this Criminal Appeal in near future.

7. Accordingly, I.A. No.7182 of 2024 is allowed and the execution of remaining jail sentence of the appellant is hereby suspended till the final disposal of this appeal and it is ordered that the appellant be released on bail on his depositing the fine amount, if not already deposited, and upon furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty 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 Registry of this Court on 21.08.2024 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

8. However, it is made clear that if it is found that appellant is involved in any other case during the suspension period, the Government Advocate is at liberty to file an application for cancellation of suspension of jail sentence.

Certified copy s per rules.

                             (VIVEK RUSIA)                                                   (ANIL VERMA)
                                 JUDGE                                                          JUDGE






                           Anushree