Madhya Pradesh High Court
Khuman @ Khumansingh And 2 Ors. vs The State Of Madhya Pradesh on 4 August, 2022
Author: Vivek Rusia
Bench: Vivek Rusia
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 977 of 2011
(KHUMAN @ KHUMANSINGH AND 2 ORS. AND OTHERS Vs THE STATE OF MADHYA
PRADESH)
Dated : 04-08-2022
Ms. Shraddha Dixt, learned counsel for the appellant no.1
and 2.
Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
respondent/State.
Heard on I.A. No.10504/2022, application seeking modification of order dated 21.07.2022.
In the said order due to typographical error inadvertently in place of fine amount of "Rs.1,500", fine amount of "Rs.5,000/-"
has been mentioned.
Keeping in view the reasons mentioned in the application I.A. No.10504/2022 is allowed. Let the fine amount be treated as "Rs.1,500/-" in place of "Rs.5,000/-".
The present order shall be read conjointly with the order dated 21.07.2022.
Also heard on I.A. No.10505/2022, repeat application under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of appellant No.2 -Kehar Singh.
Appellant No.2 along with other appellants have been convicted for the offence punishable under Section 302/34 of the Indian Penal Code and sentenced to undergo Life Imprisonment along with fine of Rs.1,500/- with default clause to further undergo six months' rigorous imprisonment.
Learned counsel for the appellant submits that this
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appellant is in jail for last 12 years. This appellant is having marriageable daughter. The co-accused persons have been given the benefit of suspension of jail sentence by the court. She further submits that appellant has no criminal antecedents. Appellant never misused the liberty while on parole. Hence, his remaining jail sentence be suspended.
Learned Government Advocate for the respondent / State opposes the application.
Considering the facts and circumstances of the case into totality and period of sentence undergone by the appellant, we deem it proper to suspend the jail sentence of the appellant No.2 temporarily for a period of one year. Accordingly, I.A. No.10505/2022 stands allowed.
It is directed that jail sentence of appellant No.2-Kehar Singh shall be temporarily suspended for a period of one year from the date of his release on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court and he shall surrender before the concerned trial Court after expiry of aforesaid period of one year, failing which the trial Court shall seek recourse of measure as prescribed under Cr.P.C. with a condition that during the effect of this order, learned counsel for the appellant shall argue the appeal finally.
Certified copy, as per rules.
(VIVEK RUSIA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
Ajit/-
AJIT
Digitally signed by AJIT KAMALASANAN
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, KAMALASA st=Madhya Pradesh,
2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6cba241 effad892107d95ef0a1afc55b4, pseudonym=CFDFD9C36711CA738F527A5D61A1EE90 1C09EF29, NAN serialNumber=7F0BEE2D78BD57DA058F3247441C87E7 E0817FB61F5E2ABCAEE63CAAA7B3B9FF, cn=AJIT KAMALASANAN Date: 2022.08.10 13:22:08 +05'30'