Deewan vs The State Of Madhya Pradesh
2024 Latest Caselaw 13689 MP

Madhya Pradesh High Court

Deewan vs The State Of Madhya Pradesh on 10 May, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 10616 of 2019
                                           (DEEWAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 10-05-2024
                                 Ms. Prachi Nigam, learned counsel for the appellants.

                                 Shri Rajeev Upadhyay appearing on behalf of Advocate General.

                                 Heard on I.A. No.5692 of 2021, second application under Section 389
                           (1) of Cr.P.C. for suspension of remaining jail sentence and grant of bail filed
                           on behalf of the appellant Deewan Singh. First application I.A.No.2668 of 2020

                           was dismissed as withdrawn on 23.7.2020.
                                 T h e appellant has been convicted for the offence punishable under
                           Sections 396/120B, 302/149 of IPC and sections 11/13 of M.P.D.V.P.K. Act,
                           307/149 and 225/149 of IPC and sentenced to undergo life imprisonment with
                           fine of Rs.2,000/-, ten years RI with fine of Rs.2000/-, 3 years RI with fine of
                           Rs. 1000/-, respectively, with default stipulations vide judgment of conviction
                           a n d order of sentence dated 20.11.2019 passed by Special Judge
                           (M.P.D.V.P.K. Act)       Sabalgarh,    District   Morena     in      Special   ST
                           No.200031/2015.

                                  Learned counsel for the appellant submits that the deceased died due to
                           the gun-shot injury fired by Ravi and apart from that no other accused caused
                           any injury. He has been convicted merely he was present along with other
                           accused persons in the train. Learned counsel for the appellant further submits
                           that appellant is innocent and has been falsely implicated in the case. This
                           Criminal Appeal is of the year 2020 and there is no likelihood of hearing of this
                           Appeal in near future.      Under such circumstances, appellant prays for
                           suspension of sentence and grant of bail.
Signature Not Verified
Signed by: ASHISH PAWAR
Signing time: 13-05-2024
01:16:42 PM
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                                    Learned counsel for the respondent-State opposed the prayer and prayed

for dismissal of the application.

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 final conclusion of the appeal will still take sufficient long time, we deem it proper to suspend the remaining custodial sentence of the appellant. Accordingly, I.A. No.5692 of 2021 stands allowed. The execution of remaining jail sentence of the appellant Deewan Singh is hereby suspended and it is ordered that the appellant be released on bail upon his furnishing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety of the like

amount to the satisfaction of the trial Court and subject to depositing the fine amount (if not already deposited) with a further direction to appear before the Registry of this Court on 12.08.2024 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

I.A. stands disposed of.

                              (VIVEK RUSIA)                                   (MILIND RAMESH PHADKE)
                                  JUDGE                                                JUDGE

                           (aspr)