Rahul vs The State Of Madhya Pradesh
2021 Latest Caselaw 4952 MP

                                                                           1                              CRA-6272-2020
                                                   The High Court Of Madhya Pradesh
                                                              CRA-6272-2020
                                                              (RAHUL Vs THE STATE OF MADHYA PRADESH)

                                            7
                                            Indore, Dated : 02-09-2021

                                                 Shri Manoj Saxena Counsel for the appellant Rahul.
                                                 Shri A.S.Parihar, Counsel for the respondent/State.

Heard on IA No.10352/2021, second 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 the appellant.

The present appellant has been convicted under section 392 of IPC and sentenced to undergo 3 years RI with fine of Rs.2,000/- with default stipulation vide judgment dated 28.11.2020 passed by II ASJ, Ujjain in Sessions trial No.615/2018.

The first application i.e. I.A.No. 8530/2020 has been

dismissed as withdrawn vide order dated 27.2.2021 with liberty to renew the prayer after completion of half of the sentence awarded to the appellant.

Learned counsel for appellant submits that three years sentence has been awarded to the appellant and he has already undergone one year and 3 months incarceration. However, looking to the mental health this application has been filed as the appellant is suffereing from serious mental disorder in jail.

This Court also requisitioned the mental health status of the appellant and in the report dated 11.8.2021 the certificate of Signature Not VerifiedDigitally signed by SAN SMT MUKTA KOUSHAL Date: 2021.09.03 17:32:12 IST medical examination Board, MY hospital dated 29.7.2021 has 2 CRA-6272-2020

also been filed in which it is stated that appellant is suffering from Psychosis and is undergoing treatment on OPD basis.

Taking into consideration all the submissions and the report submitted by Medical Examination Board, this Court is of the

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.10352/2021 is allowed and it is directed that on furnishing 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 presence before the concerned trial Court on 13.12.2021 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

Appeal is admitted for final hearing, list the same for final hearing in due course.

C. c. as per rules.

(SUBODH ABHYANKAR) JUDGE

MK

Signature Not Verified VerifiedDigitally Digitally signed by SAN SMT MUKTA KOUSHAL Date: 2021.09.03 17:32:12 IST