Deepak vs The State Of Madhya Pradesh
2021 Latest Caselaw 6487 MP

                                        1
                                                                            CRA No.5890/2021

              High Court of Madhya Pradesh, Jabalpur
                          Bench at Indore
            Criminal Appeal No.5890/2021
Indore, Dated 07.10.2021
       Considered IA No.26962/2021, 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 Deepak s/o

Ganesh Deshpande.

       The present appellant has been convicted and sentenced by

learned 27th Additional Sessions Judge, Indore, District Indore (MP)

in Sessions Trial No.106/2015 vide judgment dated 16 th September,

2021, as under: -


              Conviction                         Sentence
    Section            Act     RI           Fine amount     Imprisonment in lieu of fine
     363               IPC   3 years         Rs.500/-               1 month RI
     365               IPC   3 years         Rs.500/-               1 month RI
     323               IPC   3 months        Rs.200/-               15 days RI


         From perusal of the impugned judgment it appears that the

appellant was on bail during the trial and he did not misuse the

liberty so granted to him. After conviction, the jail sentence of the

appellant has already been suspended by the trial Court itself up to

20.10.2021

. There is no possibility of early disposal of this appeal in

near future. Under these circumstances and looking to the short

sentence imposed on the appellant, the prayer made in the

interlocutory application for suspension of jail sentence of the

appellant and grant of bail to him appears reasonable.

CRA No.5890/2021

Considering the facts and circumstances of the case and on

perusal of the impugned judgment, this Court is of the considered

opinion that the application for suspension of custodial sentence

deserves to be allowed.

Accordingly, without expressing any opinion on merits of the

case, IA No.26962/2021 is allowed and it is directed that on

furnishing a personal bond by 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 his /

her regular appearance before concerned trial Court, the execution

of the custodial part of the 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 /

her 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.

Let the record of the case from the concerned trial Court be

requisitioned; and list the matter on the question of admission soon

thereafter.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2021.10.07 16:28:31 +05'30'