Bagdiram vs The State Of Madhya Pradesh
2021 Latest Caselaw 3753 MP

            The High Court of Madhya Pradesh
                      Bench at Indore


                    Cri.A. No.9044/2018

Indore:30.07.2021
     Heard through video conferencing.
     Shri Vivek Singh, learned counsel for the appellant No.-
Bagdiram.
     Smt. Mamta Shandilya, learned Govt. Advocate for the
respondent/State.

Heard on IA No.6192/2021, an application filed under Section 389 of Cr.P.C for suspension of jail sentence on behalf of the appellant No.1- Bagdiram.

The present appellant has been convicted vide judgment of conviction dated 12/11/2018, passed by the Additional Sessions Judge, Ujjain, in S.T. No.41/2013. He has been convicted and sentenced as under:-

  Offence        Sentence          Fine amount     In default
    u/S          awarded                           of fine (RI)
302/34 IPC Life Imprisonment       Rs.10,000/-     2 months
326/34 IPC       4 years RI           Rs.2,000/-    1 month
  326 IPC        4 years RI           Rs.2,000/-    1 month
 324 IPC         1 year RI                -             -
324/34 IPC       1 year RI                -             -

Learned counsel for appellant No.1 submits that the present appellant was aged about 68 years in 2013 and now he is aged about 75-76 years old. The prosecution story makes it clear that this appellant remained in his house and incident of assault had taken place in front of his house. Resultantly, the present appellant was also injured and a cross case was registered. The final hearing of this appeal is not possible in near future in this pandemic era. Thus, remaining jail sentence of this appellant may be suspended.

The High Court of Madhya Pradesh Bench at Indore

Cri.A. No.9044/2018

The prayer is opposed by learned Government counsel. We have heard the parties at length.

Considering the age of the present appellant coupled with the fact that final hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of appellant No.1-Bagdiram.

The execution of jail sentence of appellant No.1 - Bagdiram is hereby suspended and it is ordered that the appellant No.1- Bagdiram be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to depositing the fine amount (if not already deposited), with a further direction to appear before the trial Court, Ujjain on 22.12.2021 and all other subsequent dates, as may be fixed in this behalf by the Office during pendency of this appeal.

IA No.6192/2021 stands disposed of.

Certified copy as per Rules.

        (Sujoy Paul)                              (Shailendra Shukla)
           Judge                                         Judge

      pn



PREETHA NAIR
2021.07.31
10:55:52 +05'30'