Deva @ Sirdar Banjara vs The State Of Madhya Pradesh
2024 Latest Caselaw 15223 MP

Madhya Pradesh High Court

Deva @ Sirdar Banjara vs The State Of Madhya Pradesh on 21 May, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                   1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                            CRA No. 6138 of 2017
         (DEVA @ SIRDAR BANJARA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 21-05-2024
      Shri Suresh Agrawal, learned counsel for the appellant No.1.

      Shri Rajesh Shukla,        learned Additional Advocate General for
respondent/State.

Heard on I.A. No.15287/2023 which is first application filed on behalf of appellant No.1-Deva @ Sidda @ Sardar Banajara filed under Section 389 (1) of Cr.P.C. for suspension of sentence.

The present appellant stands convicted for the offence punishable under Section 364-A of IPC and sentenced to undergo Life Imprisonment with fine of Rs.5,000/- and under Section 11/13 of MPDVPK Act and sentenced to undergo Life Imprisonment with fine of Rs.5,000/- with default stipulations vide impugned judgment 24.11.2017 passed by Special Judge, MPDVPK Sheopur, District Sheopur in S.T. No.300034/2013.

As per prosecution story, on 14.10.2010, appellant along with other accused persons abducted for ransom Ramsumer Mahore, Principal and Rinku alias Pradeep Sharma, Jeetu alias Jitendra Kushwah, Avdhesh Sharma, Guest

Faculties and Ashok Kushwah, brother of the complainant from Middle School situated at village Naya Gaon. Accordingly, the crime was registered and after due investigation, charge sheet was filed before Sessions Court at Sheopur. Learned Special Court upon critical evaluation of the evidence available on record and recording of statements, convicted and sentenced the present appellant along with other co-accused persons, as referred above.

Learned counsel for the appellant submits that the appellant has suffered

13 years 6 months of incarceration. This appeal is of the year 2017 and there is no possibility of early hearing of these appeal in near future. Appellant was about 23 years of age at the time of offence. Hence, on such grounds, prayer for suspension of sentence and grant of bail to the appellant is made.

Learned Additional Advocate General opposes the prayer and prays for its rejection.

Considering the facts and looking to the period of custody of the appellant which is 13 years 6 months and final conclusion of the appeal will still take sufficient long time, we deem it proper to suspend the remaining custodial sentence of the appellant No.1-Deva @ Sidda @ Sardar Banajara. Accordingly,

I.A. No.15287 of 2023 stands allowed. The execution of remaining jail sentence of the appellant No.1-Deva @ Sidda @ Sardar Banajara is hereby suspended and it is ordered that the appellant be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac 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)                             (RAJENDRA KUMAR VANI)
                                                           JUDGE                                          JUDGE

                           Ashish*

ASHISH    Digitally signed by ASHISH CHAURASIA
          DN: c=IN, o=HIGH COURT OF MADHYA PRADESH
          BENCH GWALIOR, ou=HIGH COURT OF MADHYA



CHAURAS
          PRADESH BENCH GWALIOR,

2.5.4.20=bf81a9adb1da24e4bc7b5195154c3d4de0 8c6bb9303e52e2e7e728d9bac85bd3, postalCode=474001, st=Madhya Pradesh, serialNumber=A926F3CBF979ECA6A4C477577EED

IA BA3AB4F94593A930B98DAE1B0AD16F90B5FD, cn=ASHISH CHAURASIA Date: 2024.05.21 23:43:24 -07'00'