Tansingh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8783 MP

                                 1                             CRA-5304-2020
       The High Court Of Madhya Pradesh
                CRA No. 5304 of 2020
                   (TANSINGH Vs THE STATE OF MADHYA PRADESH)


Indore, Dated : 14-12-2021
       Shri Manish Yadav, learned counsel for the appellant.
             Ms. Archana Maheshwari, learned Panel Lawyer for the
respondent/State.

Heard on I.A.No.28212/2021, which is an application filed under Section 389 of Cr.P.C for suspension of jail sentence of appellant Tansingh, who has been convicted by the Additional Sessions Judge,

Jhabua, District Jhabua for the offence punishable under sections 323/34 and 304-1/34 of IPC vide judgment dated 25.09.2017 passed in Sessions Trial No.88/2011 and has been sentenced to undergo one year and seven years R.I. with fine of Rs.2,000/- with default stipulation.

The application has been filed on the ground that out of the total period of jail sentence of seven years awarded to the appellant he has already undergone jail sentence of five years, four months as on today as is evident from the certificate dated 24.08.2021 issued by the Superintendent District Jail Jhabua in that regard.

Counsel for the appellant submits that the appellant has already suffered major jail sentence awarded to him and the hearing of the appeal is still likely to take a considerable period of time. He further submits that co-accused Dhuliya and Kasan have already been granted benefit of suspension of jail sentence by this Court vide order dated 16.09.2021 in Cr.A. No.1658/2018, hence, on the ground of parity, the jail sentence of the present appellant also deserves to be suspended.

Counsel for the respondent/State has opposed the application. He fairly submitted that co-accused Dhuliya and Kasan have already been granted bail by this Court.

I n view of the fact that the appellant has already undergone imprisonment for a period of more than five years and four months out of 2 CRA-5304-2020 jail sentence of seven years awarded to him and the fact that the hearing of the appeal is likely to take time, in my opinion the circumstances as of now warrant release of the appellant on bail. Consequently, application for suspension of custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the case,

IA No.28212/2021 is allowed and it is directed that on furnishing a personal bond by appellant Tansingh in the sum of Rs.1,00,000/- (Rupees One Lac) w i th a solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before concerned trial Court, the execution of the custodial part of the sentence imposed against 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 21.02.2022 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

C. c. as per rules.

(PRANAY VERMA)

JUDGE

jyoti Digitally signed by JYOTI CHOURASIA Date: 2021.12.15 11:09:05 +05'30'