Jaggannath vs The State Of Madhya Pradesh
2021 Latest Caselaw 7783 MP

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         THE HIGH COURT OF MADHYA PRADESH
                    BENCH AT INDORE
        (S.B.: HON'BLE Mr. JUSTICE VIVEK RUSIA)
                     Criminal Appeal No.6883/2021
                 (Jaggannath and others V/s State of M.P.)
Date: 24.11.2021:
      Shri Rituraj Bhatnagar, learned counsel for the appellants.
      Shri Chetan Jain, learned panel lawyer for the respondent/State.

Heard on I.A. No.28615/2021, which is first application filed under Section 389 (1) of the Cr.P.C. for suspension of jail sentence filed on behalf of the appellants- Jaggannath, Atte Singh and Dhan Singh.

The appellant-Jaggannath has been convicted as under:- Convicted U/s Sentenced to Fine In default of payment of fine 399 of the IPC 3 years R.I. Rs.2,000/- 2 months R.I. 402 of the IPC 2 years R.I. Rs.2,000/- 2 months R.I. 25(1)(A) of Arms 18 months R.I. Rs.1,000/- 2 month R.I. Act and appellant no.2 Atte Singh and appellant no.3 Dhan Singh have been convicted as under:-

Convicted U/s Sentenced to Fine In default of payment of fine 399 of the IPC 3 years R.I. Rs.2,000/- 2 months R.I. 402 of the IPC 2 years R.I. Rs.2,000/- 2 months R.I. vide judgment dated 28.10.2021 passed by the First Additional Sessions Judge, Badnawar, District- Dhar.

Learned counsel for the appellants submits that the appellants are on bail during the trial they did not misused the liberty so granted to them. The trial court has already suspended the jail sentence of the appellants till 29.11.2021. The trial Court has not properly appreciated the evidence came on record and material omissions and contradictions have been overlooked. Imprisonment for 3 years is on the higher side and disproportionate to the alleged crime. The appeal is likely to take considerable time for its final hearing and if their custodial sentence is not suspended, the application may be rendered infructuous. He, therefore, prayed that the custodial sentence of the appellants be suspended and they

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shall be released on bail.

Learned panel lawyer for the respondent/State opposes the prayer. Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, this Court is of the considered opinion that the application for suspension of custodial sentence moved on behalf of the appellants deserved to be allowed.

Accordingly, I.A. No.28615/2021, is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by the appellants i.e. Jaggannath, Atte Singh and Dhan Singh in the sum of Rs.40,000/-(Rupees Forty Thousand only) each with one solvent sureties each in the like amount to the satisfaction of the learned trial Court for their appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal.

The appellants shall mark their presence before the registry of this Court on 20/09/2022 and on all such subsequent dates, which are fixed in this regard by the Registry.

I.A. No.28615/2021 stands disposed of. List the appeal for final hearing in due course. Record of the Court below be requisitioned. Certified copy, as per rules.

( VIVEK RUSIA ) JUDGE Ajit

AJIT Digitally signed by AJIT KAMALASANAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh,

KAMALAS 2.5.4.20=156c9cedca1b74d671db9f220a5e3e d6cba241effad892107d95ef0a1afc55b4, pseudonym=CFDFD9C36711CA738F527A5D6 1A1EE901C09EF29,

ANAN serialNumber=7F0BEE2D78BD57DA058F3247 441C87E7E0817FB61F5E2ABCAEE63CAAA7B3 B9FF, cn=AJIT KAMALASANAN Date: 2021.11.24 18:30:27 +05'30'