Ashok vs The State Of Madhya Pradesh
2021 Latest Caselaw 1498 MP

           THE HIGH COURT OF MADHYA PRADESH
                         CRA No.9304/2019
                Ashok S/o Bharat Singh V/s. State of M.P.
                                -: 1 :-

Indore, dated : 22.04.2021
            Ms. Sonali Goyal, learned counsel for the appellant.
            Ms. Bharti Lakkad, learned Panel Lawyer for the
respondent/State.

Heard on IA No.8827/2019, an application for condonation of delay in filing the appeal.

Keeping in view the reasons mentioned in the application, that the appellant was not financially capable to file the Criminal Appeal within limitation, the aforesaid application is allowed and the delay is hereby condoned.

Also heard on the question of admission through video conferencing.

Appeal is admitted for final hearing.

Also heard on I.A. No.6973/2020, which is First application filed under Section 389 (1) of Cr.P.C. for suspension of custodial sentence filed by appellant. He stands convicted and sentenced as under :

Section & Act. Imprisonment          Fine Amount         Imprisonment
                                                         in    lieu   of
                                                         default      of
                                                         payment      of
                                                         fine.
326 of IPC          5 years RI       Rs.5,000/-          Six      months
                                                         additional R.I.
506(2) of IPC       1 year RI        Rs.500/-            One month

Learned counsel for the appellant submits that the appellant is in custody since the date of arrest. This THE HIGH COURT OF MADHYA PRADESH CRA No.9304/2019 Ashok S/o Bharat Singh V/s. State of M.P.

appeal is of the year 2020 and there is no likelihood of early disposal of this appeal in near future. He is a first offender as observed by the trial Court. Learned counsel has raised another additional ground that PW-8, PW-9 and PW-10 were examined in absence of the appellant, which is violation of Section 273 of the Cr.P.C. In support of her contention she has placed reliance over the judgment passed by the Division Bench of this Court passed in Gajendra Singh V/s. State of M.P. reported in 2020 (3) JLJ235, which is based on the judgment of the Apex Court passed in the case of Atma Ram & Others V/s. State of Rajasthan reported in 2019 AIR SC 1961. Learned Counsel therefore, prays that the jail sentence of appellant be suspended and he be released on bail.

On the other hand, learned Govt. Advocate appearing for the respondent/State, opposes the prayer.

I have heard the learned counsel for the parties and peruse the order sheet of the Trial Court and it is apparent that PW-8, PW-9 and PW-10 were examined in absence of the appellant and the trial Court did not assign any reason for examination without the appellant and looking to the period of custody and that there is no likelihood of early disposal of this appeal in near future, the jail sentence of the appellant deserves to be suspended.

Accordingly, I.A. No.6973/2020 is allowed and it is directed that subject to deposit of fine amount with the trial Court and on furnishing personal bond by the appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand Only), with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court, the execution of THE HIGH COURT OF MADHYA PRADESH CRA No.9304/2019 Ashok S/o Bharat Singh V/s. State of M.P.

custodial part of the sentence of the appellant shall remain suspended till the final disposal of this appeal.

The appellant after being enlarged on bail he shall mark his presence before the Registry of this Court on 20.01.2022 and on all such subsequent dates, which are fixed in this behalf. Before releasing the appellant from the custody the jail authorities are directed to medically examine him in order to rule out possibility of COVID -19 infections and shall comply the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

List the matter for final hearing in due course.

C.c. as per rules.

( VIVEK RUSIA ) JUDGE ns

NEERAJ SARVATE 2021.04.23 12:30:36 +05'30'