Satish vs The State Of Madhya Pradesh
2021 Latest Caselaw 1819 MP

                           1                           Cr.A.No. 1856-2020

  THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                               Cr.A.No. 1856-2020
                           (Satish Solanki vs. State of M.P.)

Indore, Dated: 05/05/2021
            Heard through video conferencing.
       Shri Vikas Rathi, learned counsel for the appellant.
      Shri Sagar Muley, learned counsel for the respondent/State.

Record of the lower courts is available.

Heard on I.A. No.3658/2021, which is the second application filed

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

behalf of the appellant.

Appellant's earlier application-I.A.No.2316/2020 was dismissed by

this Court vide order dated 29.7.2020 as withdrawn

The appellant has been convicted and sentenced by the learned

Special Judge (E.O.W.), Indore vide judgment dated 29/1/2020 passed in

Special Case No.343/2018 as under :

Name of the        Conviction                 Sentence          Fine   In lie
appellant          under Section

Satish Solanki     366 IPC                    3 yrs RI          1000/- 2 months RI

                   3762(N) IPC                10 yrs RI         3000/- 6 months RI

Learned counsel for the appellant has submitted learned courts

below has committed error in not considering the material omissions and

contradictions in the statement of the prosecution witnesses. It is further

submitted that the appellant was released on regular bail during the trial

and he has not misused the liberty so granted to him. 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 has

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, considering the

statement of the P.W. No.1 and taking note of the period of incarceration

and 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.3658/2021 is allowed and it is directed that on

furnishing personal bond by the appellant in the sum of Rs.25,000/-

(Rupees Twenty Five 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 28/08/2021 and on all such

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

Court.

Certified copy, as per rules.

(Subodh Abhyankar) Judge

moni Digitally signed by MONI RAJU Date: 2021.05.05 17:09:51 +05'30'