Malkhan vs The State Of Madhya Pradesh
2021 Latest Caselaw 2816 MP

                                                                              1                                CRA-6874-2018
                                                    The High Court Of Madhya Pradesh
                                                               CRA-6874-2018
                                                                (MALKHAN Vs THE STATE OF MADHYA PRADESH)

                                            9
                                            Indore, Dated : 29-06-2021
                                                  Heard through Video Conferencing.
                                                  Ms. Sharmila Sharma, learned counsel for the appellant.
                                                  Shri Romil Malpani, learned counsel for the respondent/State.

I.A. No.13633/2021, is taken up for consideration. This is an application for suspension of sentence. The appellant has been convicted

under Section 307/34 of IPC and sentenced to suffer for seven years R.I. with fine of Rs.5,000/- vide judgement dated 05.05.2017 passed by JMFC, Jhabua in S.T. No.79/2017. The judgement has been affirmed by learned First ASJ, Jhabua vide judgment dated 10.08.2018. The appellant is in judicial custody since 13.06.2017 as reflected from para no.31 of the judgement.

Learned counsel for the appellant submits that the sentence of the appellant was in fact suspended by co-ordinate Bench on 04.01.2019. The appellant has also furnished the bail. However, since he was in custody in relation to another case, the appellant could not be released. Now, in the said

case, the appellant has been enlarged on bail. In the aforesaid back drop of facts and circumstances, the present application has been filed.

Per contra, learned counsel for the State opposes the application with submission that the appellant does not deserve to be enlarged on bail regard being had to the allegations made against him. However, he does not dispute the suspension of sentence granted by co-ordinate Bench on 04.01.2019. Apart from that, he also tried to submit that in the light of the order passed by the same Bench on 21.08.2019 while the appellant was produced through production warrant, the Bench has directed to lodge the appellant in jail to serve remaining jail sentence.

Upon hearing the counsel for the parties but without commenting upon Signature Not VerifiedDigitally signed by SAN AMIT KUMAR the merits of the case, this Court has no reason to take a different view than Date: 2021.06.30 13:21:28 IST 2 CRA-6874-2018 the one as indicated in the order dated 04.01.2019. Hence, the appellant is on for the same reason stated therein. The appellant is entitled for suspension of sentence.

So far as the order dated 21.08.2019 is concerned, this Court is of the view that since the appellant was produced through production warrant, therefore, the appellant was sent back to the concerned jail. Such order can

not be taken aid of to nullify the justification of suspension of sentence as stated in the order passed on 04.01.2019.

Consequently, I.A. No.13633/2021 is allowed. It is directed that on deposition of fine amount and also on furnishing personal bond of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before this Court/Registry on 26.07.2021 and on all other subsequent dates, as may be fixed by the Registry in this behalf, the execution of substantial jail sentence imposed on the appellant Malkhan shall remain suspended, till the final disposal of this appeal.

This is an admitted appeal.

List for final hearing in due course.

(ROHIT ARYA) JUDGE

amit

Signature Not Verified VerifiedDigitally Digitally signed by SAN AMIT KUMAR Date: 2021.06.30 13:21:28 IST