Omprakash vs The State Of Madhya Pradesh
2021 Latest Caselaw 7958 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.675/2012
                     (Omprakash V/s State of M.P. )
Date: 29.11.2021:
      Shri Sanjay Sharma, learned counsel for the appellant.
      Shri       Harshlata    Soni,    learned       panel   lawyer     for     the
respondent/State.

Heard on I.A. No.8371/2020, which is repeat second application filed under Section 389 (1) of the Cr.P.C. for suspension of jail sentence filed on behalf of the appellant-Omprakash Jatwa.

The appellant-Omprakash Jatwa has been convicted vide judgment dated 02.06.2012 in session trial No.477/2009 passed by the 4th Additional Sessions Judge, Ujjain. as under:- Convicted U/s Sentenced to Fine In default of payment of fine 392 of the IPC 4 years R.I. Rs.500/- 3 days R.I.

The first application for suspension of sentence of the appellant was allowed vide order dated 07.06.2012, thereafter the appellant was regularly marking his presence before this Court. Since he remain absent on 07.10.2016 therefore, the arrest warrant of the appellant was issued and thereafter, he was arrested on 02.09.2021 since then he is in jail.

Learned counsel for the appellant submits that the appellants is illiterate person and he missed the date for the appearance that was not intentional. Out of four years of sentence he has already undergone one and a half years in jail. Hence, the jail sentence of the appellant may be suspended.

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.8371/2020, is allowed and it is directed that

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subject to depositing fine amount and on furnishing personal bond by the appellant i.e. Omprakash Jatwa in the sum of Rs.40,000/-(Rupees Forty Thousand only) with one solvent surety 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 appellant shall mark their presence before the registry of this Court on 31/01/2022 and on all such subsequent dates, which are fixed in this regard by the Registry.

I.A. No.8371/2020 stands disposed of. List the appeal for final hearing in due course. 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=156c9cedca1b74d671db9f220a5e 3ed6cba241effad892107d95ef0a1afc55b4, pseudonym=CFDFD9C36711CA738F527A5 D61A1EE901C09EF29,

ANAN serialNumber=7F0BEE2D78BD57DA058F32 47441C87E7E0817FB61F5E2ABCAEE63CAA A7B3B9FF, cn=AJIT KAMALASANAN Date: 2021.11.29 16:35:46 +05'30'