Madhya Pradesh High Court
Veeran Singh vs The State Of Madhya Pradesh on 1 August, 2025
1 CRA-7537-2021
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7537 of 2021
(VEERAN SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 01-08-2025
Shri Ganga Prasad Patel- Advocate for appellants.
Shri Vijay Kumar Pandey- Deputy G.A. for State.
Heard on I.A. No.11628/2025 , third application under Section
389(1) of Cr.P.C./Section 430(1) of BNSS, for suspension of sentence
and grant of bail filed on behalf of the appellant No.3- Dayal Singh. His
first application was dismissed as withdrawn vide order dated
19.04.2023. Second was dismissed as withdrawn on 09.12.2024.
2. This appeal has been preferred against the judgment dated
02.12.2021 passed by Second Additional Sessions Judge, District
Jabalpur (M.P.) in S.T. No.391/2012, whereby the appellant has been
convicted and sentenced as under:
Conviction U/s. Imprisonment Fine In lieu of default
Additional Imprisonment for
148 of IPC R.I. for 1 year Rs.500/-
15 days
R.I. for 10 Additional Imprisonment for 1
307 of IPC Rs.20,000/-
years month
Additional Imprisonment for
324/149 of IPC R.I. for 1 year Rs.500/-
15 days
R.I. for 2 Additional Imprisonment for
325/149 of IPC Rs.500/-
years 15 days
323/149 of IPC(three R.I. for 6 Additional Imprisonment for
Rs.500
counts) months 15 days
3. Learned counsel for the appellant submits that the trial Court
has wrongly convicted and sentenced appellant No.3. It is further
2 CRA-7537-2021
submitted that the appellant No.3 has been falsely implicated in the case.
It is further submitted that the appellant No.3 has already undergone
sufficient part of this jail sentence being in jail custody since 12.03.2012
to 5.6.2012 (during trial) and from 02.12.2021 to till date and therefore,
the appellant No.3 is entitled to be released on bail in view of the
judgment of the Hon'ble Supreme Court in the case of Atul @ Ashutosh
vs. State of M.P., Criminal Appeal No.579/2024 dated 02.02.2024 ,
wherein it is held that when there is a fixed term sentence and especially
when the appeal is not likely to heard before completing entire period of
sentence, normally suspension of sentence and bail should be granted.
This appeal is of the year 2021 and there is no possibility of early
hearing of the appeal in near future. He is ready to furnish adequate
surety and shall abide by the directions and conditions, which may be
imposed by this Court. Hence, it is prayed that the application for
suspension of sentence may be allowed.
4. Learned counsel for the State on the other hand has opposed
the application for suspension of sentence and supported the impugned
judgment of conviction and sentence passed by the trial Court.
5. Heard the learned counsel for the parties.
6. Considering the arguments advanced by learned counsel for the
parties as well as the fact that the substantial period has been spent by
the appellant No.3 in jail, I am of the opinion that the application for
suspension of sentence and grant of bail filed on behalf of the appellant
3 CRA-7537-2021
No.3 can be considered with a condition that he shall argue the matter
finally on the next date of hearing.
7. Accordingly, without commenting anything on the merits of
the case, I.A. No.11628/2025 is allowed.
8 . It is directed that subject to depositing the fine amount, if not
already deposited, the remaining jail sentence of the appellant No.3 is
hereby suspended and he be released on bail on furnishing a personal
bond in the 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
31.10.2025 and on such other dates, as may be fixed by the Registry in
this regard during pendency of this appeal.
9 . List the matter for final hearing in due course alongwith
connected matters.
(JAI KUMAR PILLAI)
JUDGE
SS
