Sanjay Sethiya vs The State Of Madhya Pradesh
2021 Latest Caselaw 525 MP

      :1:                              Cr.A. No.1226-2021

THE HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
                            Cr.A. No.1226-2021
                      (Sanjay Sethiya vs. State of M.P.)
Indore, Dated: 08.03.2021
            Shri A.M. Mathur, learned senior counsel with Shri Rishi
Anand Choukse, learned counsel for the appellant.
            Ms. Archana Maheshwari, learned Panel Lawyer for the
respondent/State.

Heard on the question of admission.

Appeal is admitted for hearing.

Record of the trial court be requisitioned. Heard on I.A. No.3278/2021, which is an application filed

under Section 389(1) of the Cr.P.C. for suspension of jail sentence of

the sole appellant-Sanjay Sethiya.

The appellant has been convicted and sentenced by the First

Additional Sessions Judge, Mandsaur vide judgment dated

12/02/2021 passed in S.T. No.113/2010 as under:

Name of the             conviction       Sentence Fine        In lie
appellant                                         amount
Sanjay Sethiya          u/S 420 &        3 yrs.     4000/-    2 months RI
                        120 IPC          R.I.

Learned senior counsel for the appellant has submitted that

the appellant was on bail and he has not misuse the liberty so granted

to him. It is further submitted that the jail sentence of the appellant

has been suspended by the trial court up to 12.3.2021. There are fair

chances of success of this appeal and there is no likelihood of hearing

of the appeal in near future and if the custodial sentence of the

appellant is not suspended then the appeal filed by him may turn :2: Cr.A. No.1226-2021

infructuous. Under these circumstances, learned counsel for the

appellant prays for suspension of remaining custodial sentence and

grant of bail to the appellant.

On the other hand, learned counsel for the State/respondent

opposed the prayer and prayed for rejection of the application.

Considering the submissions made on behalf of the parties and

facts and circumstances of the case, it would be appropriate to suspend

the jail sentence of the appellant.

Accordingly, I.A. Nos.3278/2021 is allowed and it is directed

that on furnishing personal bond by appellant Sanjay Sethiya in the

sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one

solvent surety in the like amount to the satisfaction of the learned trial

Court, for his regular appearance before the concerned trial Court, the

execution of custodial part of the remaining sentence imposed against

the appellant shall remain suspended, till the final disposal of this

appeal.

The appellant, after being enlarged on bail, shall mark their presence before the concerned trial Court on 30/04/2021 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

(Subodh Abhyankar) Judge moni Digitally signed by Moni Raju Date: 2021.03.09 10:45:25 +05'30'