Mohar Singh vs State Of Madhya Pradesh

Heard on I.A.No.24751 of 2023, which is repeat application for suspension of sentence and grant of bail filed under Section 389(1) of the Cr.P.C. on behalf of appellant - Mohar Singh.

The appellant has been convicted by the trial Court under Section 302 of IPC and sentenced to undergo RI for life with fine of Rs.1000/- with default stipulations, vide judgment of conviction and sentence dated 30.11.2016 passed by 14th Additional Sessions Judge, Bhopal, District - Bhopal in ST No.849/2015.

Learned counsel for the appellant submits that although his previous applications for suspension of sentence were dismissed vide orders dated 20.06.2017 and 05.01.2021. By now, the appellant remained in actual custody for more than 8 years. The reliance is placed in this regard on Para 58 of the impugned judgment. It is submitted that considering the period of custody and nature of incident, the appellant may be given benefit of suspension of sentence. There is only one fatal lathi blow on the head of the deceased which is allegedly caused as per version of PW-2 and PW-3 by other co-accused person namely; Deendayal whereas PW-1 (widow) deposed that it is appellant who caused the said injury. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of the appellant may be suspended.

P er contra, learned Government Advocate for the State opposes the prayer for suspension of remaining jail sentence of the appellant on the basis of the objection.

We have heard learned counsel for the parties at length and perused the record.

Considering the period of custody, coupled with the fact that final hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of appellant. Accordingly, I.A. No.24751 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant is hereby suspended and it is directed that appellant - Mohar Singh be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the concerning trial Court - Bhopal on 08/01/2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.