Kripal Singh vs The State Of Madhya Pradesh
2025 Latest Caselaw 4702 MP

Madhya Pradesh High Court

Kripal Singh vs The State Of Madhya Pradesh on 21 February, 2025

Author: Vivek Rusia

Bench: Vivek Rusia

                                                              1                               CRA-1513-2016
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                         CRA No. 1513 of 2016
                                             (KRIPAL SINGH Vs THE STATE OF MADHYA PRADESH )



                          Dated : 21-02-2025
                                Ms. Sharmila Sharma - Aadvocate for the appellant.

                                Shri Apoorv Joshi counsel appearing on behalf of Advocate General.

                                Heard on I.A.No.2222/2025, which is 4th application filed by the
                          appellant for grant of suspension of jail sentence under Section 389 of the
                          Cr.P.C. The appellant has been convicted by the Additional Sessions Judge

                          Mahidpur, District Ujjain vide judgment dated 1/10/2016 for commission of
                          offence punishable under Section 302 of IPC for life imprisonment with fine
                          of Rs.3000/- with default stipulation.
                                First application was dismissed as withdrawn by order dated 9/3/2018.
                          Second application was dismissed as withdrawn by order dated 24/11/2023
                          and third application was also dismissed as withdrawn by order dated
                          1/3/2024.
                                Counsel for the appellant submits that despite arguing the application
                          on merit she raised her argument to the extent that the appellant has already

                          undergone the jail sentence of more than ten years. Even otherwise, this
                          appeal is of the year 2016 and could not come up for final hearing till date.
                          Hence the remaining jail sentence of the appellant may be suspended.
                                Per contra, counsel for the respondent/State opposes the application

and prays for its rejection.

Taking into consideration the totality of the facts and circumstances of

2 CRA-1513-2016 the case so also the fact that the appellant has undergone the jail sentence of more than ten years of actual jail sentence, we deem it proper to suspend the jail sentence of appellant in light of the judgment delivered by the Hon'ble Apex Court in the case of Sudan Singh vs. The State of Uttar Pradesh (SLP (Cri.) No.4633 of 2021) decided on 05.10.2021 . Accordingly, I.A.No.2222/2025, stands allowed.

The execution of remaining jail sentence of appellant Kripal Singh 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.50,000/-(Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of trial court and subject to depositing of the fine amount (if not already deposited) with a further direction to appear before the Registry of this Court

on 07.05.2025 and also on such further dates as may be fixed by the Registry in this regard during the pendency of the appeal.

This appeal has already been admitted on 8.11.2016. I.A.No.2223/2025, also stands disposed off.

List the appeal for final hearing in due course.

Certified copy, as per Rules.

                                    (VIVEK RUSIA)                                     (PRANAY VERMA)
                                        JUDGE                                              JUDGE
                          SS/-