Madhya Pradesh High Court
Punjab Singh vs The State Of Madhya Pradesh on 25 August, 2025
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 6066 of 2021
(PUNJAB SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 25-08-2025
Shri Atul Gupta - Advocate for appellants.
Dr. Anjali Gyanani-Public Prosecutor for respondent/State.
Shri R.K. Upadhyay-Advocate for complainant.
After arguing for a while, counsel for appellant seeks withdrawal of
I.A. No.3685/2025, fourth application under Section 430 of BNSS, 2023 for
suspension of sentence and grant of bail moved on behalf of appellant
No.4-Kallu alias Ganpat Singh.
Prayer noted.
Accordingly, I.A. No.3685/2025 stands dismissed as withdrawn.
Further heard on I.A. No.3707/2025, first application under Section
430 of BNSS, 2023 for suspension of sentence and grant of bail moved on
behalf of appellant No.1-Punjab Singh.
Present appellant-Punjab Singh is facing sentence by virtue of
judgment dated 27/08/2021 passed by First Additional Sessions Judge,
Sironj, District Vidisha in ST No.29/2015; whereby, he has been convicted
and sentenced as under:-
Section Imprisonment Fine
304 Part-I r/W 149 of 10 Years' R.I. Rs.4,000/- with default
IPC stipulation.
148 of IPC 02 Years' R.I. Rs.1,000/- with default
stipulation.
It is the submission of counsel for appellants that trial Court erred in
convicting and awarding jail sentence to present appellant. It is further
submitted that he has been convicted under Section 302 Part-I of IPC r/W
149 of IPC and sentenced to undergo 10 Years' rigorous imprisonment.
However, out of total sentence of 10 years, he has already suffered 8 years
of actual incarceration including pre and post trial confinement. Therefore,
he has already suffered a major part of the sentence. He fairly submits that
complainant filed an appeal (CRA No.7670/2021) which was admitted on
15/03/2022, seeking enhancement of jail sentence under Section 302 of IPC
and if complainant's appeal is allowed, then present appellant shall surrender
and undergo the remaining part of sentence. Present appellant has good case
on merits and hearing of appeal shall take some time. Fine amount has
already been deposited. He undertakes to abide by the terms and conditions
as imposed by this Court. Under such circumstances, counsel for appellants
prays that looking to the period of custody he suffered, his case may be
considered for suspension of sentence.
Per contra, counsel for respondent/State opposed the application and
prayed for its dismissal. However, he does not dispute the fact that out of
total sentence of 10 years, present appellant has already suffered 8 years of
actual incarceration including pre and post trial confinement.
Heard counsel for the parties and perused the record.
Considering the period of custody suffered by present appellant
which is 8 years out of total sentence of 10 years and the fact that final
hearing of appeal is likely to take time, this Court intends to allow the
application for suspension of sentence (I.A. No.3707/2025).
If appellant No.1-Punjab Singh furnishes bail bond in the sum of
Rs.20,000/- (Rupees Twenty Thousand Only) along with one solvent
surety of the like amount to the satisfaction of the trial Court that he shall
appear before the Principal Registrar of this Court on 11/11/2025 and
thereafter, on all other subsequent dates as may be fixed by the Office for
appearance, then he shall be released on bail and execution of jail sentence
is suspended till disposal of this appeal, subject to deposit of fine amount.
I.A. No.3707/2025 stands disposed of, accordingly.
A copy of this order be sent to the trial Court concerned for
compliance and information.
Certified copy as per rules/directions.
(ANAND PATHAK) (PUSHPENDRA YADAV)
JUDGE JUDGE
(Dubey)
