[Cites 5, Cited by 0]
Madhya Pradesh High Court
Girendra vs The State Of Madhya Pradesh Thr on 24 March, 2026
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-775-2016
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 775 of 2016
(GIRENDRA Vs THE STATE OF MADHYA PRADESH THR )
Dated : 24-03-2026
Ms. Nikita Jain - Advocate for the appellant.
Shri D.S.Kushwaha - learned AAG for respondent/State.
Heard on I.A. No. 4603/2026, which is an application under Section
389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of the
appellant.
2 . Present appellant is facing sentence by virtue of judgment dated
19.07.2016 passed by 3rd Additional Sessions Judge, District Guna in case
No.116/2015; whereby, he has been convicted and sentenced as under:-
Section Imprisonment Fine
302 of Life Rs.2,000/- with
IPC Imprisonment default stipulation.
3. It is the submission of counsel for appellant that trial Court erred in
convicting and awarding jail sentence to present appellant. He has been
falsely implicated. Appellant has already suffered 11 years 1 month
incarceration as pre and post trial confinement. This is the case where
appellant on the basis of some recent development by way of voting to
somebody else got agitated and resultantly inflicted axe blow to the
deceased. Looking to the nature of dispute as well as the fact that appellant
does not bear any criminal antecedent so as to infer as criminal, case be
considered for suspension of sentence. Therefore, as per judgments of
2 CRA-775-2016
Hon'ble Supreme Court in Kashmira Singh Vs. The State of Punjab reported
in (1977) 4 SCC 291, Sonadhar Vs. The State of Chhattisgarh [Special Leave
to Appeal (Crl.) No(s).529/2021] & Saudan Singh Vs. The State of Uttar
Pradesh [Crl.Appeal Nos.308-324/2022 @ SLP (Crl.)
No.4633/2021], present appellant is entitled to get benefit of suspension of
sentence.Hearing of appeal shall take some time and appellant has good case
on merits. He undertakes to abide by the terms and conditions as imposed by
this Court. Under such circumstances, learned counsel for appellant prays for
suspension of sentence and grant of bail to present appellant.
4. Looking to the period of custody and the fact that early hearing of
appeal is remote possibility, case is considered for suspension of sentence
and grant of bail.
5. Per contra, counsel for respondent/State opposed the application and
prayed for its dismissal. However, fairly submit regarding period of custody
and antecedents of appellant's having two cases of minor denomination
purportedly under Section 323 of IPC.
6. Heard counsel for the parties and perused the record.
7. The Hon'ble Supreme Court in another decision dated 06.10.2021 in
Sonadhar Vs. The State of Chhattisgarh [Special Leave to Appeal (Crl.)
No(s).529/2021] has held that in the State of UP, where cases of 'life
convicts' are pending for a long period and large incarceration has already
undergone, the cases be remitted to the High Court for an early consideration
on the pleas of bail.
8. Also, in Saudan Singh Vs. The State of Uttar Pradesh [Crl.Appeal
3 CRA-775-2016
Nos.308-324/2022 @ SLP (Crl.) No.4633/2021] the Hon'ble Supreme Court
in view of the fact that the appellant therein was in jail for eight years,
released him on bail.
9. The mandate of Section 389 Cr.P.C. provides that while releasing an
accused on bail or suspending the sentence, the Appellate Court has to record
reasons.
10. Considering the submissions raised by counsel for the parties,
especially looking to the period of custody suffered by present appellant
which is 11 years 1 month custody, this Court intends to allow the
application on behalf of appellant. Looking to the fact that the appeal is of
the year 2016 and there is no possibility of early hearing of this appeal in
near future, but without commenting on the merits of the case,
I.A.No.4603/2026, is allowed. Appellant shall be released on bail on
furnishing a personal bond of Rs.20,000/- (Rupees Twenty Thousand Only)
with one solvent surety of the like amount to the satisfaction of the
concerned trial Court, appellant's jail sentence shall remain suspended till
disposal of this appeal. Appellant is further directed to remain present before
the Registry of this Court on 08.12.2025 and, thereafter, on such subsequent
dates as may be fixed by the Registry.
11. Appellant shall not move in the vicinity of prosecutrix and shall
not be a source of embarrassment and harassment to the complainant side in
any manner.
1 2 . A copy of this order be sent to the trial Court concerned for
compliance and information.
4 CRA-775-2016
Certified copy as per rules/directions
(ANAND PATHAK) (PUSHPENDRA YADAV)
JUDGE JUDGE
Ashish*
