Ankit vs The State Of Madhya Pradesh
2021 Latest Caselaw 1427 MP

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                                                                                     CRA No.2046/2021
                                                                                                   M
              High Court of Madhya Pradesh, Jabalpur
                          Bench at Indore
             Criminal Appeal No.2046/2021
Indore, Dated 08.04.2021
     Hearing through Video Conferencing.

       Mr. Ashish Gupta, learned counsel for appellant Ankit s/o

Ramesh Damor.

       Mr. Valmik Shakargayen, learned Panel Lawyer for the

respondent / State of Madhya Pradesh, on advance notice.

Heard on IA No.6482/2021, first 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 the appellant.

The present appellant has been convicted and sentenced by

Sessions Judge, Jhabua (MP) in Sessions Trial No.168/2020 vide

judgment dated 16th March, 2021, as under: -

              Conviction                                  Sentence
    Section                Act            RI        Fine amount      Imprisonment in lieu of fine
   498-A       IPC, 1860         1 year            Rs.1,000/-        3 months RI

Counsel for the appellant has submitted that the appellant is in

jail since last six months, as he was arrested on 19.09.2020. It is

further submitted that there are fair chances of success in the appeal,

in the wake of fresh spread of COVID-19, there is no possibility of

early disposal of this appeal in near future and if the sentence is not

suspended, then the present appeal filed by the appellant may turn

infructuous. Under these circumstances and looking to the short

CRA No.2046/2021

sentence imposed on the appellant, counsel for the appellant prays

for suspension of jail sentence of the appellant and grant of bail to

him.

Counsel for the respondent / State of Madhya Pradesh opposes

the application by submitting that no sufficient ground is made out

for releasing the appellant on bail; hence the application filed by the

appellant be dismissed.

Considering the facts and circumstances of the case and the

arguments advanced by the counsel for the parties, this Court is of

the considered opinion that the application for suspension of

custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the

case, IA No.6482/2021 is allowed and it is directed that on

furnishing a personal bond by the appellant in the sum of

Rs.50,000/- (Rupees fifty thousand only) with a solvent surety in

the like amount to the satisfaction of the learned trial Court, for his /

her regular appearance before concerned trial Court, the execution

of the custodial part of the sentence imposed against the appellant

shall remain suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his /

her presence before the concerned trial Court on 14.06.2021 and on

all such subsequent dates, as may be fixed by the concerned Court in

this regard.

CRA No.2046/2021

Let the record of the case from the concerned trial Court be

requisitioned; and list the matter on the question of admission soon

thereafter.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2021.04.08 17:44:59 +05'30'