Raj @ Ashish vs The State Of Madhya Pradesh
2021 Latest Caselaw 9118 MP

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                                                                            CRA No.5500/2021

             High Court of Madhya Pradesh, Jabalpur
                         Bench at Indore
            Criminal Appeal No.5500/2021
Indore, Dated 22.12.2021
       Mr. Rakesh Vyas, learned counsel for appellant Raj @ Ashish

s/o Mohanlal.

       Ms. Harshlata Soni, learned Panel Lawyer for the respondent /

State of Madhya Pradesh, on advance notice.

Heard on IA No.25711/2021, 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

learned 8th Additional Sessions Judge Ujjain, District Ujjain (MP) in

Sessions Trial No.14/2020 vide judgment dated 30 th July, 2021, as

under: -

             Conviction                           Sentence
   Section       Act        RI         Fine        Imprisonment in lieu of fine
                                      amount
   324/34        IPC       1 year    Rs.2,000/-              3 months RI
    323          IPC      3 months   Rs.500/-                30 days SI

Counsel for the appellant has submitted that the appellant was

on bail during the trial and he did not misuse the liberty so granted to

him. It is further submitted that there are fair chances of success in

the appeal and 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

CRA No.5500/2021

circumstances and looking to the short 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, on the

other hand, opposed 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.25711/2021 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 11.04.2021 and on

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

this regard.

CRA No.5500/2021

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

requisitioned (if not already received); and list the matter on the

question of admission soon thereafter.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2021.12.22 17:54:51 +05'30'