Sanju @ Sanjay vs The State Of Madhya Pradesh
2021 Latest Caselaw 8225 MP

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        THE HIGH COURT OF MADHYA PRADESH
                   BENCH AT INDORE
       (S.B.: HON'BLE Mr. JUSTICE VIVEK RUSIA)
                  Criminal Appeal No.8485/2019
                 ([email protected] Sanjay V/s State of M.P. )
Date: 04.12.2021:

      Shri Tousif Warsi, learned counsel for the appellant.
      Shri   Mukesh      Sharma,     learned   panel    lawyer    for     the
respondent/State.

Heard on I.A. No.13043/2021, which is repeat third application filed under Section 389 (1) of the Cr.P.C. for suspension of jail sentence filed on behalf of the [email protected] Sanjay.

The appellant has been convicted vide judgment dated 19.09.2019 passed in Session Trial No.835/2013 passed by the XXIst Additional Sessions Judge, Indore whereby the appellant is held guilty for the offence punishable under section 452 of the IPC and sentenced to undergo 1 year RI along with Fine of Rs.100/- and in default stipulation to further undergo 3 months RI, along with for the offence under section 307 of the IPC and sentenced to undergo 1 year RI with fine of Rs.100/- and in default stipulation to further undergo 3 months RI and is in jail since the time of judgment.

Learned counsel for the appellant submits that the applicant is completing 3 years of incarnation and there is no likelihood of early disposal of this appeal in near future. The complainant/injured is an ex- wife of the appellant and who is illegally in the possession of the house of the appellant, since the appellant was insisting for eviction therefore, she has falsely implicated him in this case. The offence under section 452 of the I.P.C. is not made out because the house in question belongs to the appellant. As per the nature of the injury the offence will not travel more than section 325 of the I.P.C. for which he has already undergone the sufficient period sentence. The appellant is not a habitual offender. Under these circumstances, counsel prays for suspension of the jail sentence.

Learned panel lawyer for the respondent/State opposes the prayer.

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Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, this Court is of the considered opinion that the application for suspension of custodial sentence moved on behalf of the appellants deserved to be allowed.

Accordingly, I.A. No.13043/2021, is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by the [email protected] Sanjay in the sum of Rs.30,000/-(Rupees Thirty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for their appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal.

The appellant shall mark their presence before the registry of this Court on 20/09/2022 and on all such subsequent dates, which are fixed in this regard by the Registry.

I.A. No.13043/2021 stands disposed of.

List the appeal for final hearing in due course. Certified copy, as per rules.

( VIVEK RUSIA ) JUDGE Ajit

AJIT Digitally signed by AJIT KAMALASANAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh,

KAMALASANA 2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6cba241effa d892107d95ef0a1afc55b4, pseudonym=CFDFD9C36711CA738F527A5D61A1EE901C09 EF29,

N serialNumber=7F0BEE2D78BD57DA058F3247441C87E7E08 17FB61F5E2ABCAEE63CAAA7B3B9FF, cn=AJIT KAMALASANAN Date: 2021.12.06 14:42:01 +05'30'