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Madhya Pradesh High Court

Shyam Singh And Anr. vs The State Of Madhya Pradesh on 30 April, 2016

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           Criminal Appeal No.300/2012
30.04.2016
    Shri Vivek Singh, learned counsel for appellant No.1
Shyam Singh s/o Jaswant Singh.
     Shri Mukesh Kumawat, learned Panel Lawyer for the
respondent / State.

Heard on IA No.1307/2016, sixth / repeat application filed by appellant No.1 Shyam Singh for suspension of his jail sentence and grant of bail to him.

This repeat application has been filed by the present appellant on the ground that at present he has completed more than five years of jail sentence, including the period of remission. Learned counsel for the present appellant submitted that there is no likelihood of early disposal of the criminal appeal and prayed for suspension of jail sentence.

Learned Panel Lawyer for the respondent / State opposed the prayer and submitted that earlier applications were dismissed on merit and last application was decided by order dated 01.07.2015, while considering all these grounds and thereafter there is no changed circumstances to consider this repeat application and prays for its rejection.

On due consideration of the arguments of the learned counsel for the parties, so also the fact that as per certificate dated 05.02.2016 issued by the Assistant Jail Superintendent, Sub Jail, Depalpur, District Indore till today, the present appellant has completed 5 years and 4 months of jail sentence, including the period of remission, I am inclined to allow this application for grant of suspension of jail sentence.

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Accordingly, without expressing any opinion on merits, IA No.1307/2016, repeat application for suspension of jail sentence and grant of bail to appellant No.1 Shyam Singh s/o Jaswant Singh is allowed and it is directed that the execution of jail sentence awarded to the present appellant shall remain suspended, subject to his depositing the fine amount (if not already deposited) and upon his furnishing personal bond in the sum of Rs.40,000/- (rupees forty thousand) with two local sureties in the like amount to the satisfaction of the trial Court for his appearance before this Court/Registry on 24th June, 2016 and on such other dates as may be fixed by the Registry in this regard.

C.C. as per rules.

(P.K. Jaiswal) Judge rcp