Sunil @ Sonu Goud vs The State Of M.P.
2021 Latest Caselaw 5924 MP

                                  1                     Cra.44/2021

                   The High Court of Madhya Pradesh
                              Cra.44.2021
                  (Sunil @ Sonu Goud Vs. State of M.P.)

Gwalior dated 23.09.2021

      Shri Madhukar Kulshrestha, learned counsel for the appellant.

      Shri Rajesh Shukla, learned Dy.A.G. for the respondent/State.

Shri R.V.S. Ghuraiya, learned counsel for complainant.

Learned counsel for rival parties are heard.

I.A. No. 2279/2021 first application u/Sec. 389(1) Cr.P.C. for

suspension of sentence and grant of bail moved on behalf of appellant-

Sunil @ Sonu Goud is taken up and considered.

This criminal appeal assails the judgment dated 23.12.2020

passed in S.T. No.65/2018 and 148/2018 by Ist Additional Sessions

Judge Sabalgarh District Morena (M.P.) whereby appellant has been

convicted and sentenced as under. :-

Section                   Imprisonment           Fine
306 IPC                   Five years' R.I        Rs. 5000/- with default
                                                 stipulation

Learned counsel for the State opposed the application and prayed

for its rejection by contending that on the basis of the allegations and

the material available on record, no case for suspension of sentence is

made out.

Learned counsel submits that appellant has suffered four years of

custody including pre and post conviction period as against sentence of

five years R.I.

The decision of the Apex Court in the case of Kamal Vs. State

of Haryana reported in 2006(1) SCC(Cri) 757 has been pressed into

service which lays down that in matters where fixed period of sentence 2 Cra.44/2021

is awarded appellant can be released on bail after undergoing

substantial period of sentence. The ratio of the said judgment has been

reiterated in Salim Javed Vs. State of Rajasthan 2006 (9) SCC 602.

Considering short term period of sentence and that there is no

likelihood of early disposal of the present appeal in the near future,

without entering into the merits of the matter, this Court is inclined to

grant bail to appellant-Sunil @ Sonu Goud by way of suspension of

sentence.

Accordingly, without expressing any opinion on merits,

I.A.2279/2021 is allowed and it is directed that the jail sentence of

appellant-Sunil @ Sonu Goud will remain under suspension subject to

verification that the amount of fine has been deposited, on appellant's

furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only)

with one solvent surety of the like amount to the satisfaction of

concerned CJM for his appearance before the concerned CJM on

08.03.2022 and on such further dates as may be fixed by him which

shall be of frequency not less than once a year.

In case, appellant is found absent on any date fixed by

the concerned Magistrate then the said Magistrate shall be free to issue

and execute warrant of arrest for securing his presence without first

referring the matter to this Court, provided the Registry of this Court is

kept informed.

C.c. as per rules.

                          (Sheel Nagu)                         (Anand Pathak)
                            Judge                                  Judge
YOGENDRA
OJHA               ojha
2021.09.24
10:28:19 +05'30'