Ram Sisodiya @ Sanodiya vs The State Of Madhya Pradesh
2021 Latest Caselaw 6086 MP

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 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                   Cr. A. No.9626 of 2019
          Ram Sisodiya @ Sanodiya Vs. State of M.P.

Indore, Dated:- 27/09/2021
      Shri Prakash Chandra Shrivas, Counsel for the appellant -

Ram Sisodiya @ Sanodiya.

      Shri Vismit Panot, Counsel for the respondent/State.

Heard on IA No.6773/2021, 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 and sentenced by

VII Additional Sessions Judge, Ujjain (MP) in Sessions Trial

No.593/2018 vide judgment dated 15.10.2019, as under: -

      Conviction                        Sentence
   Section     Act         RI          Fine     Imprisonment
                                      amount    in lieu of fine
  489 (a) IPC         5 years        Rs.200/-   1 month RI
  489 (b) IPC         5 years        Rs.200/-   1 month RI
  489 (c) IPC         3 years        Rs.100/-   1 month RI
  489 (d) IPC         5 years        Rs.200/-   1 month RI
  489 (e) IPC       NIL         Rs.100/- 1 month RI

His first application for suspension of sentence i.e., I.A.

No.1726 of 2020 was dismissed as withdrawn vide order dated

31.08.2020 with liberty to renew the prayer after completion of

half of the jail sentence awarded to the appellant.

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.9626 of 2019 Ram Sisodiya @ Sanodiya Vs. State of M.P.

Counsel for the appellant has submitted that the appellant is

in jail last more than 2 and half years and as such he has already

been completed half of the sentence of five years as awarded to

him. Thus, it is submitted that the final disposal of appeal will

take sufficient long time, the application for suspension of jail

sentence be allowed.

Counsel for the respondent / State of Madhya Pradesh

opposes the application, however, it is not denied that the

appellant has completed half of the jail sentence out of five years

awarded to him.

Considering the facts and circumstances of the case and the

arguments advanced by the counsel for the parties, including the

earlier order dated 31.08.2020, 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.6773/2021 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 one solvent

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.9626 of 2019 Ram Sisodiya @ Sanodiya Vs. State of M.P.

surety in the like amount to the satisfaction of the learned trial

Court, for his 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.

C. c. as per rules.

(SUBODH ABHYANKAR) JUDGE Pankaj Digitally signed by PANKAJ PANDEY Date: 2021.09.27 17:08:16 +05'30'