MOHAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A.No.24751 of 2023, which is repeat application for suspension of sentence and grant of bail filed under Sec. 389(1) of the Cr.P.C. on behalf of appellant - Mohar Singh. The appellant has been convicted by the trial Court under Sec. 302 of IPC and sentenced to undergo RI for life with fine of Rs.1000.00 with default stipulations, vide judgment of conviction and sentence dtd. 30/11/2016 passed by 14th Additional Sessions Judge, Bhopal, District - Bhopal in ST No.849/2015.

(2.) Learned counsel for the appellant submits that although his previous applications for suspension of sentence were dismissed vide orders dtd. 20/6/2017 and 5/1/2021. 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.

(3.) Per 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.