Madhya Pradesh High Court
Omprakash vs The State Of Madhya Pradesh on 17 February, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
1 CRA-505-2016
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 505 of 2016
(OMPRAKASH Vs THE STATE OF MADHYA PRADESH )
Dated : 17-02-2025
Shri Jitendra Yadav - Advocate for the appellant.
Shri Sonal Gupta - Addl. Advocate General for the respondent/State.
Heard on I.A.No.1581/2025 which is fourth application under Section 430
of the BNSS filed on behalf of the appellant - Omprakash for grant of bail and
suspension of remaining jail sentence.
2. Appellant stands convicted vide judgment dated 31.12.2015 passed by
the learned Second Additional Sessions Judge, District Dhar in Session Trial No.
471/2012 under Sections 120-B, 302/34 and 201 of the Indian Penal Code and
sentenced to undergo life imprisonment, life imprisonment and seven years RI
with fine and default stipulations.
3. Learned counsel for the appellant submits that on 14.02.2022, the
application for suspension filed by the appellant was dismissed with liberty to file
afresh after completion of 10 years of jail sentence. Therefore, he is pressing this
application only on the ground of custody since the appellant has put in more than
10 years of jail incarceration. This appeal is of the year 2016 and there is no
likelihood of its early hearing, therefore, in light of the judgment of the Apex
Court in the case of Sudan Singh V/s. State of U.P. [SLP (Crl.) No.4633/2021,
decided on 05.10.2021, the jail sentence of appellant is liable to be suspended.
Hence, it is prayed that the application be allowed and appellant be released on
bail.
4. Per contra, learned counsel for the respondent/State opposes the
2 CRA-505-2016
application for suspension of sentence and prays for its rejection.
5. The present application is filed on the ground of completion of 10 years
of jail sentence. 10 years is a considerable time for this Court to decide the
appeal. However, since the appeal has not been decided, appellant is seeking for
suspension of sentence. Considering the facts and circumstances of the case,
submissions made by learned counsel for both the parties and taking note of the
fact that appellant has completed more than 10 years of jail incarceration and that
final conclusion of this appeal will take considerable time, we deem it appropriate
to suspend the remaining jail sentence of the appellant.
6. Accordingly, I.A.No.1581/2025 is allowed and the execution of
remaining jail sentence of the appellant is hereby suspended till the final disposal
of this appeal. It is directed that the appellant - Omprakash be released on bail
subject to depositing the fine amount, if not already deposited and upon 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 03.04.2025 and on
such other dates, as may be fixed by the Registry of this Court in this regard
during the pendency of this appeal.
List for final hearing in due course.
Certified copy, as per rules.
(VIVEK RUSIA) (GAJENDRA SINGH)
JUDGE JUDGE
vidya
