Arvind Vaskle vs The State Of Madhya Pradesh
2021 Latest Caselaw 2498 MP

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  HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                        Cr. A. No.820 of 2021
                       Arvind Vs. State of M.P.

Indore, Dated:- 17/06/2021

      Heard through video conferencing.

      Shri Anil Malviya, Counsel for the appellant - Arvind.

      Shri Amit Raj, Panel Lawyer for the respondent/State.

Heard on IA No.13019/2021, second 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.

First application i.e. I.A. No.1451 of 2021 was dismissed as

withdrawn vide order dated 25.02.2021.

The present appellant has been convicted and sentenced by II

Additional Sessions Judge, Badwani (MP) in Sessions Case

No.102/2019 vide judgment dated 29.02.2020, as under: -

         Conviction                        Sentence
   Section       Act          RI         Fine      Imprisonment in
                                        amount       lieu of fine
   394       IPC, 1860     4 years Rs.2,000/-      4 months RI

Looking to the fact that the appellant has completed two years

of his jail sentence out of four years sentence awarded to him and the

fact that the final disposal of the appeal is likely to take sufficient

long time, this Court is of the considered opinion that the application

for suspension of custodial sentence deserves to be allowed.

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.820 of 2021 Arvind Vs. State of M.P.

Accordingly, without expressing any opinion on merits of the

case, IA No.13019/2021 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

presence before the concerned trial Court on 12.08.2021 and on all

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

regard.

List the matter on the question of admission.

C. c. as per rules.

(SUBODH ABHYANKAR) JUDGE Pankaj Digitally signed by PANKAJ PANDEY Date: 2021.06.18 10:21:08 +05'30'