Jitendra @ Ramsingh vs The State Of Madhya Pradesh
2021 Latest Caselaw 1959 MP

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                                                                   CRA No.6266/2018
     HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
          (SINGLE BENCH : HON. Mr. JUSTICE VIVEK RUSIA)

                         CRA No. 6266 of 2018
            (Jitendra @ Ramsingh & others. V/s. State of M.P.)

Date : 13.05.2021 :
      Appellant by Shri Vivek Singh, Advocate.
      Respondent/State by Shri Pradyumna Kibe, Panel Advocate.

Heard on I.A. No.858/2021 which is a repeat (4th) application for suspension of custodial sentence filed by the appellant No.1 - Jitendra @ Ramsingh. Vide judgment dated 18.6.2018 passed by learned 3 rd Addl. Sessions Judge, Dewas in S.T. No.101/2017, the appellant stands convicted and sentenced as under:

Section & Act. Imprisonment Fine Amount Imprisonment in lieu of default of payment of the fine.

 306/34    of   the 7 years RI        5,000/-         Three     months
 IPC                                                  additional RI.

As per report received from the jail authority, the appellant has completed actual 3 years and 2 months' sentence and after giving remission he has completed 4 years and one month.

Learned counsel for the appellant No.1 submits that there is no likelihood of early hearing of this appeal in near future and by that time, the appellant would complete the entire jail sentence. He submits that offence u/s. 306 of the IPC is not made out and for the offence u/s. 498A of the IPC, he has already completed more than three years' sentence. He, therefore, prayed for suspension of sentence and for release of the appellant on bail.

On the other hand, the learned Panel Advocate appearing for the respondent/State prays for rejection of the application by submitting that after appreciating the evidence came on record, learned trial Court has rightly convicted and sentenced the appellant.

I have perused the record of the court below. In view of the SOP No.42/PR(J)/2021 dated 24.4.2021 due to Corona-19 epidemic issued by Hon'ble the Chief Justice, the regular hearing of the appeals is held up and only

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CRA No.6266/2018 the limited cases of urgent nature are being listed. Therefore, it is not possible to hear this appeal on merit. There is no possibility of resumption of the regular court work in the near future and by that time, the appellant would complete the entire jail sentence. In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the custodial sentence of the appellant.

Accordingly, I.A. No.7418/2021 is allowed and it is directed that subject to deposit of fine amount, if already not deposited, with the trial Court and on furnishing personal bond by the appellant in the sum of Rs.50,000/- (Fifty Thousand only), with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court, the execution of custodial part of the sentence of the appellant shall remain suspended till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 19.01.2022 and on all such subsequent dates, which are fixed in this behalf.

In view of the above, I.A. No.859/2021 also stands disposed of. List for final hearing in due course.

C.C. as per rules.

( VIVEK RUSIA ) JUDGE Alok/-

Digitally signed by ALOK GARGAV Date: 2021.05.15 12:21:51 +05'30'