Madhya Pradesh High Court

Dule Singh vs The State Of Madhya Pradesh on 7 July, 2025

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                             1                              CRA-10312-2019
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                    CRA No. 10312 of 2019
                                             (DULE SINGH Vs THE STATE OF MADHYA PRADESH )



                         Dated : 07-07-2025
                               Shri Govind Pal Singh Songara - Advocate for the appellant.

                               Shri Surendra Kumar Gupta - Public Prosecutor for the
                         respondent/State.

Heard on I.A No.8502/2025 , which is second application under Section 430 of BNSS for grant of suspension of sentence filed on behalf of

appellant Dulesingh.

The appellant has been convicted under Section 302 of IPC, sentenced to undergo life imprisonment and fine of Rs.1000/- with default stipulation.

Counsel for the appellant submits that the appellant has undergone actual jail sentence of 10 years. The appeal is of the year 2019. The final hearing of the appeal may take time. The Hon'ble Supreme Court in a judgment reported in (1994) 6 SCC 731 (Supreme Court Legal Aid Committee Representing Undertrial Prisoners vs. Union of India and others) and followed in Criminal Appeal No.1640 of 2010 (Thana Singh vs. Central

Bureau of Narcotics) decided on 30.08.2010 has held that if the convict has undergone a sentence of more than fifty percent of what has been awarded to him, the same shall constitute a ground to the Court to consider while enlarging him on bail.

Counsel for the State opposes the prayer for grant of suspension of sentence. However, he could not dispute the fact of incarceration period.

2 CRA-10312-2019 On considering the custodial period of the appellant, we do not find that the exceptions as pointed out by the Hon'ble Supreme Court in the order dated 05.10.2021 passed in SLP (Criminal) No.4633 of 2021 (Saudan Singh Vs. The State of U.P. and others) are applicable herein.

Accordingly, I.A No.8502/2025 is allowed. The jail sentence of appellant No.1 - Dulesingh is suspended upon his depositing the fine amount, if not already deposited, and on furnishing a bail bond of Rs.50,000/-(Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the trial court for his/her appearance before the Registry of this Court on 11/11/2025 and on subsequent dates as may be fixed in this behalf by the Registry.

With the aforesaid, I.A is allowed and disposed of. CC as per rules.

(VIJAY KUMAR SHUKLA) (PREM NARAYAN SINGH) JUDGE JUDGE PK