Kailash vs The State Of Madhya Pradesh
2021 Latest Caselaw 853 MP

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  HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                        Cr. A. No.1326 of 2021
                       Kailash Vs. State of M.P.

Indore, Dated:- 18/03/2021
      Heard through Video Conferencing.

      Shri Satish Jain, Counsel for the appellant - Kailash S/o

Madanlal Chouhan.

      Shri Ram Shastri, Panel Lawyer for the respondent/State.

Heard on IA No.3698/2021, first application under Section 389

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 Ist

Additional Sessions Judge, Mandsaur (MP) in Sessions Case

No.947/2010 vide judgment dated 12th February, 2021, as under: -

         Conviction                        Sentence
   Section       Act          RI         Fine      Imprisonment in
      s                                 amount       lieu of fine
   420       IPC, 1860    3 years    Rs.2,000/-    1 month RI

120-B IPC, 1860 2 years Rs.2,000/- 1 month RI 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. After conviction, the jail sentence of the appellant has already

been suspended by the trial Court itself up to 11.03.2021. It is further

submitted that there are fair chances of success in the appeal, 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

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.1326 of 2021 Kailash Vs. State of M.P.

appellant may turn infructuous. Under these 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 opposes

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.3698/2021 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

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.1326 of 2021 Kailash Vs. State of M.P.

presence before the concerned trial Court on 10.05.2021 and on all

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

regard.

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

requisitioned; and list the matter on the question of admission soon

thereafter.

C. c. as per rules.

(SUBODH ABHYANKAR) JUDGE Pankaj Digitally signed by Pankaj Pandey Date: 2021.03.18 15:59:17 +05'30'