Indar Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 16435 MP

Madhya Pradesh High Court

Indar Singh vs The State Of Madhya Pradesh on 31 May, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                              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 : 31-05-2024
                                 Shri S.K. Yadav - Advocate for the appellants.

                                 Shri A.K. Nirankarik - Public Prosecutor for the respondent/State.

Heard on IA No.6202 of 2024, which is the first application under Section 389 of CrPC filed on behalf of appellant no. 2- Munni Bai 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.

Learned counsel for appellant submits that on 28.02.2024, benefit of

suspension of sentence and grant of bail had been extended to co-accused Inder Singh Yadav and vide order dated 07.03.2024, co-accused Seema had been extended benefit of suspension of sentence and grant of bail who is said to have caused injury on the head of deceased. Similar allegation has been levelled against the present appellant Smt. Munnibai. Appellant claims parity in treatment. On these grounds, it is prayed that remaining jail sentence of present appellant be suspended.

Per contra, learned counsel appearing on behalf of the

respondent/State opposed the application and prays for its rejection.

Considering the facts and circumstances of the case, coupled with the fact that final conclusion of the appeal will take considerable long time and the co-accused Seema has already been granted benefit of suspension of sentence, without commenting on the merits of the case, we deem it proper to suspend the remaining jail sentence of present appellant.

Accordingly, I.A. No.6202 of 2024 is allowed and the execution of remaining jail sentence of appellant -Smt. Munni Bai 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.1,00,000/- (Rs. One Lac Only) with one solvent surety of in the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 15.10.2024 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

I.A. stands disposed of.

C.C. as per rules.

                              (VIVEK RUSIA)                                    (MILIND RAMESH PHADKE)
                                  JUDGE                                                 JUDGE

                           ojha