Madhya Pradesh High Court
Ramu Singh Bhadauriya vs The State Of Madhya Pradesh on 22 November, 2024
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-713-2016
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 713 of 2016
(RAMU SINGH BHADAURIYA Vs THE STATE OF MADHYA PRADESH )
Dated : 22-11-2024
Shri Ashok Kumar Jain - Advocate for appellant.
Dr. Anjali Gyanani - Public Prosecutor for respondent/State.
Shri Rinkesh Goyal - Advocate for complainant.
1. Heard on I.A. No.12771/2024, sixth repeat application under Section 389 (1) of Cr.P.C. filed on behalf of appellant-Ramu Singh Bhodriya for suspension of sentence and grant of bail. His earlier applications were dismissed as withdrawn.
2. Appellant stands convicted for the offence punishable under Section 302 of IPC and sentenced to suffer Life Imprisonment with fine of Rs.5,000/- with default stipulation vide judgment of conviction and order of sentence dated 02.08.2016 passed by Fourth Additional Sessions Judge, Bhind in Sessions Case No.104/2012.
3. It is the submission of learned counsel for appellant that the trial Court erred in convicting the present appellant and awarding jail sentence.
Appellant has already suffered incarceration for about 11 years as pre and post trial detention. He prayed for suspension of sentence only on the basis of long incarceration. Although he has a good case on merits because CD/transcript has not been produced before the trial Court, therefore, the trial Court disbelieved the story of prosecution regarding conversation of appellant with family members of the prosecutrix. Final hearing of the Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 23-11-2024 12:18:24 PM 2 CRA-713-2016 appeal shall take considerable long time. Under such circumstances, learned counsel prays for suspension of sentence and grant of bail to appellant.
4. Learned counsel for the respondent-State opposed the prayer and prayed for dismissal of the application looking to the nature and gravity of offence.
5. The Hon'ble Supreme Court in the case of Kashmira Singh vs. The State of Punjab (1977) 4 SCC 291 has observed that it would indeed be a travesty of justice to keep a person in jail for a period of five or six years, if the Court is not able to hear the appeal of an accused within a reasonable period of time. The Supreme Court while observing that unless there are cogent grounds for acting otherwise, the accused be released on bail; suspended the sentence of accused in the said case during pendency of the appeal.
6. 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.
7. Also, in Saudan Singh Vs. The State of Uttar Pradesh [Crl.Appeal 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.
8. The mandate of Section 389 Cr.P.C. provides that while releasing an Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 23-11-2024 12:18:24 PM 3 CRA-713-2016 accused on bail or suspending the sentence, the Appellate Court has to record reasons.
9. Considering the submissions and the arguments advanced by counsel for the parties and looking to the long period of custody which is about 11 years, this Court is inclined to grant suspension of sentence to appellant. Hence, without commenting on the merits of the case, application i s allowed subject to deposit of fine amount and it is ordered that on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, jail sentence of appellant- Ramu Singh shall remain suspended till disposal of this appeal and he be released on bail. Appellant is further directed to remain present before the Registry of this Court on 16-01-2025 and, thereafter, on such subsequent dates as may be fixed by the Registry.
10. I.A. No.12771/2024 is allowed and stands disposed of.
(ANAND PATHAK) (MILIND RAMESH PHADKE)
JUDGE JUDGE
ojha
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 23-11-2024
12:18:24 PM