Sandeep @ Bakra vs The State Of Madhya Pradesh
2025 Latest Caselaw 235 MP

Madhya Pradesh High Court

Sandeep @ Bakra vs The State Of Madhya Pradesh on 1 May, 2025

Author: Vivek Rusia

Bench: Vivek Rusia

                                                                 1                                 CRA-1118-2016
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                         CRA No. 1118 of 2016
                                               (SANDEEP @ BAKRA Vs THE STATE OF MADHYA PRADESH )



                          Dated : 01-05-2025
                                Ms. Sharmila Sharma - Advocate for the appellant.
                                Shri Sudeep Bhargava - Dy. A.G. for respondent/State.

Heard on IA No.5752/2025, which is the fourth application filed under Section 389 of Cr.P.C. on behalf of the appellant-Sandeep @ Bakra for grant of bail and suspension of remaining jail sentence.

Vide judgment dated 24.7.2015 passed by the Special Judge, SC/ST (Prevention of Atrocities), Indore in Special S.T. No.204/07, appellant has been convicted for the offence under Sections 148, 302/149, 324/149 (two counts) & 323/149 (two counts) of IPC and sentenced to undergo 2 years R.I., Life Imprisonment with fine of Rs.1000/- and one year R.I. with fine of Rs.1,000/-, respectively, with usual default stipulation.

Learned counsel for the appellant is pressing this application only on the ground of custody as 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.PSudan Singh V/s. State of U.P. [SLP (Crl.) No.4633/2021[SLP (Crl.) No.4633/2021, decided on 05.10.2021 , the jail sentence of appellant is liable to be suspended. It is further submitted that jail sentence of co-accused Satish has already been suspended by this Court vide order dated 14.2.2017 passed in CRA No.1189/2015 in the similar circumstances. In such circumstances she prays for grant of bail and suspension of remaining jail sentence of the appellant till the final disposal of this appeal.

2 CRA-1118-2016

Per contra, learned Government Advocate for the respondent/State opposes the application for suspension of sentence and prays for its rejection.

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 coupled with the fact that final conclusion of this appeal will take considerable time, we deem it appropriate to suspend the remaining jail sentence of the appellant.

Accordingly, IA No.5752/2025 is allowed and the execution of remaining jail sentence of the appellant-Sandeep @ Bakra is hereby suspended till the final disposal of this appeal and it is ordered that the appellant be released on bail on his depositing the fine amount, if not already deposited, and upon furnishing a personal bond for a sum of Rs.50,000/- 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 25.8.2025 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

IA No.5753/2025, an application for urgent hearing also stands disposed of. C.C. as per rules.

                                      (VIVEK RUSIA)                                  (GAJENDRA SINGH)
                                          JUDGE                                           JUDGE
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