Nagji vs The State Of Madhya Pradesh
2021 Latest Caselaw 1516 MP

                       1    Cr.A.No. 7096-2018

        THE HIGH COURT OF MADHYA PRADESH
                            Cr.A.No. 7096-2018
                    (Nagji and others vs. State of M.P.)

Indore, Dated: 22.04.2021
       Shri Manish Yadav, learned counsel for the appellant.

       Shri   Valmik       Shakargaye,     learned    counsel     for      the

respondent/State.

Heard on I.A. No.4157/2021, which is the fourth application

filed under Section 389(1) of the Cr.P.C. for suspension of jail

sentence on behalf of the appellant No.5 Narsingh s/o Lalu Parmar.

The earlier suspension applications have already been dismissed on

merit. However, his last application- I.A.No.5230/2019 which was

dismissed by this Court on 3.9.2019 with liberty to renew his prayer

after completion of half of the jail sentence, if the appeal is not

decided during this period.

The appellant has been convicted and sentenced by Second

Additional Sessions Judge to the Court of First Additional Sessions

Judge, Petlawad, District-Jhabua, vide judgment dated 06/09/2018

passed in S.T. No.208/2012 as under:

Name of the         conviction           Sentence Fine          In lie
appellant                                         amount
Narsingh            u/S 148 IPC          2 yrs.R.I.    -          -
                    u/S       342/149 1 yr.R.I.        -          -
                    IPC
                    u/S       325/149 3 yrs.R.I. Rs.1,000 3              months


                     IPC                         /-         R.I.
                   u/S 354(A)/149 5 yrs.R.I. Rs.2,000 6    months
                   IPC                       /-       R.I.

Learned counsel for the appellant has submitted that the

appellant has already completed more than half of the jail sentence as

he has now spent total two years and seven months in incarceration.

Under these circumstances, learned counsel for the appellants prays

for suspension of remaining custodial sentence and grant of bail to the

appellant on account of COVID-19.

On the other hand, learned counsel for the State/respondent

opposed the prayer and prayed for rejection of the application.

Considering the submissions made on behalf of the parties and

taking note of the earlier order passed by this Court on

I.A.No.5230/2019 vide order dated 3.9.2019, in the considered opinion

of this Court since the appellant has already completed more than half

of the sentence, it would be appropriate to suspend the jail sentence of

the appellant.

Accordingly, I.A. Nos.4157/2021 is allowed and it is directed

that on furnishing personal bond by appellant No.5- Narsingh in the

sum of Rs.50,000/- (Rupees Fifty Thousand only) with one separate

solvent surety in the like amount to the satisfaction of the learned trial

Court, for his regular appearance before the concerned trial Court, the

execution of custodial part of the remaining 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

presence before the concerned trial Court on 30/07/2021 and on all

such subsequent dates, which are fixed in this regard by the concerned

trial Court.

Certified copy, as per rules.

(Subodh Abhyankar) Judge

moni

Digitally signed by MONI RAJU Date: 2021.04.23 10:30:08 +05'30'