Bhanwar Singh And Others vs State Of Madhya Pradesh

Heard on I.A.No.8767/2020 filed on 6.8.2020 under section 389(1) of CrPC for suspension of substantive jail sentence of appellant no.2 Sudarshan Singh Gond.

It appears from the record that the appellant no.2 has been convicted by judgment dated 26.2.2014 passed by the First Additional Sessions Judge, Anuppur in Sessions Trial No.76/2010. The trial court convicted appellant no.2 for offence under sections 302, 201 and 120-B of IPC and awarded the sentences of life imprisonment, 5 years rigorous imprisonment and life imprisonment respectively with the fine and default stipulations.

It appears from the record that the substantive jail sentence of the appellant no.2 Sudarshan was suspended by order dated 5.9.2014. He remained absent before the Registry on 4.2.2019. The Registry listed the case before the Registrar (J-II) but the accused was again absent on 6.5.2019. Thereafter, the case was listed before the Court on 14.5.2019. On 14.5.2019 and 25.6.2019 the Court granted time to the advocate for accused with direction to keep the appellant no.2 present before the court. When the appellant did not appear before the Court, then on 5.8.2019 non-bailable warrant was issued. In compliance of the aforesaid order, the applicant arrested by the police and the information given to the Court on 19.9.2019. On 25.9.2019 the appellant produced before the Court by the police escort. On the said date the Court forfeited the amount of Rs.2500/- from the bail bonds furnished by the surety and the Court cancelled the order dated 5.9.2014 granting bail to appellant no.2.

Henceforth, the appellant no.2 is confined in custody. This is the first mistake of the of the appellant no.2. The appeal will take sufficient time for final decision.

Therefore, looking to the reasons assigned in the application and after taking into consideration the entire circumstances, I.A. is allowed. It is directed that the remaining jail sentence of appellant no.2 Sudarshan Singh Gond will be suspended till final decision of this appeal subject to his furnishing a bail bond worth Rs.50,000/- (Rupees Fifty Thousand) and a personal bond of the same amount to the satisfaction of the trial court. After releasing from custody, he will appear before the Registry of this Court on 22.3.2020 and thereafter on other subsequent dates as may be fixed by the office in this regard.

A t the time of releasing the appellant no.2 Sudarshan Singh Gond from custody, all the necessary instructions issued by the Government related to COVID- 19 shall also be followed by the concerned authorities.

Accordingly, I.A.stands allowed.

C.C.as per rules.