Guddu vs The State Of Madhya Pradesh
2021 Latest Caselaw 5218 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                       Criminal Appeal No.1624/2015
                           (Guddu Vs. State of M. P.)
                                     -1-

Indore, dated 08/09/2021

         Shri Hardik Maheshwari, learned counsel for the appellant.

         Shri Sameer Verma, learned Panel Lawyer for the respondent /

State.

Heard on IA.No.7239/2021 and 5245/2021, which are the

applications for urgent hearing of the case. Keeping in view the reasons

mentioned in the applications, same stands allowed and disposed of.

Heard on IA.No.3842/2021, which is third application under

Section 389(1) of Cr.P.C for suspension of jail sentence of appellant, who

has been convicted by the Additional / Special Sessions Judge, Jhabua,

District Jhabua vide judgment dated 30/10/2015 passed in Sessions Trial

No.18/2012 and convicted the appellant under Section 450, 458 and

394/397 of the IPC and has been sentenced to undergo 07 years RI, 07

years RI and 10 years RI with Fine of Rs.3,000/-, Rs.3,000/- and

Rs.5,000/- respectively with default stipulation.

On the last date of hearing i.e. on 23/08/2021, a specific query was

made from learned counsel for the State as to whether there is a truth in

the substance that the appellant, who has jumped the bail, could not

appear on due date because he was lodged in jail in respect of Sessions

Trial No.86/2013.

Today learned counsel for the appellant has drawn Court's

attention to the order sheet dated 19/12/2016 in which Production

Warrant was issued for producing the appellant in proper custody from

Central Jail, Jhabua as it has been found that he was lodged in jail in HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE Criminal Appeal No.1624/2015 (Guddu Vs. State of M. P.)

connection with Sessions Trial No.86/2013.

This, the appellant has been found to be in jail and there is a

substance in the submission and the averments made in the application

for suspension of sentence stands substantiated.

Considered.

On due consideration of aforesaid submissions mainly made by

learned counsel for appellant, I.A.No.3842/2021 is allowed and it is

directed that upon depositing the fine amount and on appellant's

furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty

Thousand Only) with one local solvent surety in the like amount to the

satisfaction of the trial court, the substantive jail sentence of the appellant

shall remain suspended till the final disposal of the appeal. It is made

clear that after being released the appellant shall not indulge in any other

criminal activity and shall appear on each and every occasion before the

trial Court. He shall be released on bail, for his regular appearance before

the District Judge, Jhabua or any other Additional Session Judge to

whom the matter would be delicated by the District Judge on 26/10/2021

and all other subsequent dates as may be fixed in this behalf by the trial

court.

List for final hearing in due course of time.

Certified copy as per rules.

(SHAILENDRA SHUKLA) JUDGE Tej

Digitally signed by TEJPRAKASH VYAS Date: 2021.09.08 17:28:25 -07'00'