Madhya Pradesh High Court
Ashish vs The State Of Madhya Pradesh on 21 May, 2021
Author: Subodh Abhyankar
1
CRA No.273/2019
High Court of Madhya Pradesh, Jabalpur
Bench at Indore
Criminal Appeal No.273/2019
Indore, Dated 21.05.2021
Hearing through Video Conferencing.
Mr. Harshvardhan Pathak, learned counsel along with Ms.
Sonali Goyal, learned counsel for appellant No.3 Ramkishan s/o
Narayan Singh Lodhi.
Mr. Abhishek Rathore, learned counsel along with Mr.
Balwant Singh Tomar, learned counsel for appellant No.1 Ashish s/o
Omprakash Bhavsar and appellant No.2 Hariom s/o Phool Singh
Rajput.
Mr. Siddharth Jain, learned Panel Lawyer for the respondent /
State of Madhya Pradesh.
Heard on IA No.11435/2021, first application under Section
389 (1) of the Code of Criminal Procedure, 1973 for suspension of
jail sentence and grant of bail filed on behalf of appellant No.3
(Ramkishan) AND IA No.8316/2019, first application under Section
389 (1) of the Code of Criminal Procedure, 1973 for suspension of
jail sentence and grant of bail filed on behalf of appellants No.1 and
2 (Ashish and Hariom).
The present appellants have been convicted and sentenced by
learned 1st Additional Sessions Judge Khargone, District West Nimar
(MP) in Sessions Trial No.351/2013 vide judgment dated
CRA No.273/2019
27.12.2018, as under: -
Conviction Sentence
Section Act RI Fine amount Imprisonment in lieu of fine
25-A Arms Act 3 years Rs.1,000/- 6 months RI
489-B IPC 7 years Rs.1,000/- 6 months RI
489-C IPC 7 years Rs.1,000/- 6 months RI
Counsel for the appellants have submitted that out of the total
period of seven years RI awarded to the appellants, they have already
undergone more than half of the sentence (around three years and
nine to eleven months) and final disposal of the appeal is likely to
take sufficiently long time and presently also, only the urgent matters
are being heard by this Court in the wake of fresh spread of COVID-
19.
Counsel for the respondent / State, on the other hand, has
opposed the prayer.
On due consideration of the rival submissions and on perusal
of the record as also the impugned judgment and taking note of the
fact that the appellants have been awarded total period of seven years
incarceration out of which, they have already undergone more than
half of the sentence so awarded to them in such circumstances, when
the final disposal of the appeal is likely to take sufficiently long time
in the wake of fresh spread of COVID-19, it would be expedient to
allow the present application for grant of suspension of jail sentence.
Accordingly, without expressing any opinion on merits of the
case, IA No.11435/2021 and IA No.8316/2019 are allowed and it is
CRA No.273/2019
directed that upon depositing fine amount, if any, and on furnishing a
personal bond by each of 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 their regular
appearance before concerned trial Court, the execution of the
custodial part of the sentence imposed against the appellants shall
remain suspended, till the final disposal of this appeal.
The appellants, after being enlarged on bail, shall mark their
presence before the concerned trial Court on 20.12.2021 and on all
such subsequent dates, as may be fixed by the concerned Court in
this regard.
It is also observed that if the appellant (s) is found in any of
the criminal activities, after his release on bail / suspension of
sentence, then the present bail / suspension order shall stand
cancelled without further reference to this Court; and the State /
prosecution will be free to arrest the accused in the present case also.
Let the matter be listed for final hearing in due course.
C. c. as per rules.
(Subodh Abhyankar)
Vacation Judge
rcp
RAMESH CHANDRA PITHWE
2021.05.24 11:27:55 +05'30'
