Madhya Pradesh High Court
Mangal Singh vs The State Of Madhya Pradesh on 20 June, 2022
Author: Anjuli Palo
Bench: Anjuli Palo
1 IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 220 of 2016 (MANGAL SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH) Dated : 20-06-2022 Shri Shishir Verma, counsel for appellant No. 2 Sahab Singh and appellant No. 3 Sardar Singh.
Shri C.S. Parma, counsel for appellant No. 1 Mangal Singh. Ms. Shanti Tiwari, Panel Lawyer for the State. Heard on I.A. No. 1906/2021, which is an application for suspension of sentence and grant of bail to appellant No. 2 Sahab Singh.
Learned counsel for appellant No. 2 prays for withdrawal of this application.
As prayed, I.A. No. 1906/2021 is dismissed as withdrawn. Heard on I.A. No. 10898/2022, which is an application filed on behalf of appellant No. 3 Sardar Singh for temporary suspension of sentence and grant of temporary bail.
Appellant No. 3 has been convicted by the trial Court under Section 302/34 of IPC and sentenced to undergo life imprisonment with fine of Rs. 2,000/- with default stipulation.
This application has been filed on behalf of appellant No. 3 Sardar Singh on the ground of marriage of his son namely Sandeep Yadav which is scheduled for 21.6.2022.
The factum of marriage of son of appellant No. 3 has been verified by the State through Police Station Malthon, District Sagar and has been found to be true.
In view of the aforesaid, I.A. No.10898/2022 is allowed.
2I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant No. 3 Sardar Singh shall remain suspended temporarily and he shall be released on temporary bail with direction to surrender before the trial Court concerned on 28.6.2022 positively, failing which the trial Court will be at liberty to take him into the custody.
Also heard on I.A. No.17315/2021, which is third application for suspension of sentence and grant of bail to appellant No. 1 Mangal Singh.
Appellant No.1 has been convicted by the trial Court under Section 302/34 of IPC and sentenced to undergo life imprisonment with fine of Rs. 2,000/- with default stipulation.
Learned counsel for appellant No. 1 has submitted that appellant No. 1 is not the main accused. Main accused are appellant No. 2 Sahab Singh and appellant No. 3 Sardar Singh, who had assaulted the deceased. The allegation against appellant No. 1 is that he caught hold the hands of the deceased at the time when the co-accused persons assaulted him by means of Axe. Appellant No. 1 is in custody since 21.9.2014 for more than 7 years and disposal of this appeal will take considerable time, therefore, the jail sentence of appellant No. 1 may be suspended and he may be released on bail.
Learned Panel Lawyer has opposed the application. Considering the role attributed to appellant No. 1 and his custody period, we deem it to be a fit case to suspend the jail sentence of appellant No. 1 and to release him on bail, therefore, without commenting on the merit of the case, I.A. No. 17315/2021 is hereby allowed.
3I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant No. 1 Mangal Singh shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 2.11.2022 and on such other dates as may be fixed in this regard during pendency of this appeal.
List for final hearing in due course.
Certified copy today.
(SMT. ANJULI PALO) (DINESH KUMAR PALIWAL)
JUDGE JUDGE
PB
Digitally signed by
PRADYUMNA BARVE
Date: 2022.06.20
18:02:01 +05'30'