IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR (DALPAT SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH )

Dated : 12-02-2026 Shri Ravendra Shukla, learned counsel for the appellants.

Shri Arvind Singh, learned Public Prosecutor for the respondent/State. Heard on I.A. No.21258/2025, which is first application under Section

430(1) of the Bhartiya Nagrik Suraksha Sanhita, 2023/389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant No.1-Dalpat Singh, S/o Dharam Singh.

The appellant No.1 is aggrieved of the judgment dated 20/09/2024 passed by the learned Additional Sessions Judge, Rajendragram, Distt. Anuppur (M.P.) in Sessions Trial No.ST/11/2022, whereby the appellant No.1-Dalpat Singh stands convicted and sentenced as under:-

Conviction		Sentence
Section	Act	Imprisonment	Fine	Imprisonment in lieu of fine
302 read with S.34	I.P.C.	Life imprisonment Rs.2,000/-		R.I. for 06 months
458 read with S.34	I.P.C.	R.I. for 07 years	Rs.2,000/-	R.I. for 04 months

Shri Ravendra Shukla, learned counsel for the appellant No.1 submits that as per prosecution story, since deceased-Nem Singh was claiming partition in the property, three persons namely Kundan Singh, Bhanu Pratap and Santosh Netam had trespassed in the house of Nem Singh and had caused injuries to him where Kundan Singh was armed with a lathi. It is submitted that subsequently other accused- Amoli, Dalpat have been roped in. Main accused are Kundan Singh, Santosh Netam and Bhanu Pratap. It is also submitted that there are good chances of success in this appeal as far as appellant No.1-Dalpat Singh is concerned. Hence, prayer is made to suspend the remaining jail sentence of the appellant No.1-Dalpat Singh and to release him on bail.

Shri Arvind Singh, learned Public Prosecutor for the respondent-State, in his turn, opposes the prayer for suspension of sentence and grant of bail.

After hearing learned counsel for the parties and going through the record, so also looking to the fact that the appeal will take considerable time for its disposal, without commenting on the merits of the case, we are of the considered opinion that this is a fit case to suspend the remaining jail sentence of the appellant No.1-Dalpat Singh and to release him on bail.

Accordingly, I.A. No.21258/2025 is allowed.

It is directed that on depositing the fine amount, if not already deposited and on furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each in the like amount to the satisfaction of the trial court for her appearance before the Trial Court on 22.04.2026 and on such other dates as may be fixed by the trial court, which shall not be more than two times in a year, the execution of remaining part of the jail sentence imposed upon appellant No.1-Dalpat Singh shall remain suspended and she shall be released on bail till final disposal of this appeal.

List the case for final hearing in Part-B of the cause list as per its turn and seniority.

Certified copy as per rules.

(VIVEK AGARWAL) (RAJENDRA KUMAR VANI)

JUDGE JUDGE ts

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