Arjun vs The State Of Madhya Pradesh
2021 Latest Caselaw 1740 MP

                           1                          Cr.A.No. 1002-2021

  THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                               Cr.A.No.1002-2021
                               (Arjun vs. State of M.P.)
Indore, Dated: 03/05/2021
               Heard through video conferencing.
       Shri Ajay Jain, learned counsel for the appellant.
        Shri Sudhanshu Vyas, learned counsel for the respondent/State.

Heard on the question of admission.

Appeal is admitted for hearing.

Record of the lower courts is available.

Also heard on I.A. No.3340/2021, which is the first application

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

behalf of the appellant.

The appellant has been convicted and sentenced by the XV

Additional Sessions Judge, Indore vide judgment dated 05/02/2021 passed

in S.T. No.120/2018 as under :

Name of the            Conviction            Sentence Fine          In lie
appellant              under Section                  amount

Arjun                  307 of the IPC        5 yrs R.I.    3000/-    6 months RI

Learned counsel for the appellant has submitted that, the appellant

has already undergone three years and two months , out of five years

imprisonment. It is further submitted that subsequently although the

offence is no compoundable but for the purposes of the sentence the wife

of the appellant has also filed an application under Section 320 of the

Cr.P.C. that the matter has already been compromised and it is also stated

that she is still residing with the parents of the present appellant and she

has 9 & 5 years old children and the final disposal of the appeal is likely to

take sufficiently long time as at present only bail matters and urgent

matters are being taken up by this Court due to COVID-19. Under these

circumstances,counsel 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 facts and circumstances of the case and the

arguments advanced by the counsel for the parties and taking note of the

period of incarceration and the fact that the final hearing of the appeal is

likely to take sufficiently long time due to COVID-19, in the considered

opinion of this Court, it would be appropriate to suspend the jail sentence of

the appellant.

Accordingly, I.A. No.3340/2021 is allowed and it is directed that on

furnishing personal bond by the appellant in the sum of Rs.50,000/-

(Rupees Fifty Thousand only) with one separate 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 his presence

before the concerned trial Court on 18/08/2021 and on all such

subsequent dates, which are fixed in this regard by the concerned trial

Court.

It is made clear that, after being released on bail, if the appellant

again indulges himself in any criminal activity, the present bail order shall

stand cancelled without further reference to the Court and the police shall

be entitled to arrest the appellant in the present case also.

List the matter for final hearing in due course.

Certified copy, as per rules.

(Subodh Abhyankar) Judge

moni Digitally signed by MONI RAJU Date: 2021.05.03 18:04:20 +05'30'