Ganesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 5452 MP

              1                              Cr.A. 3395-2022

            IN THE HIGH COURT OF MADHYA PRADESH
                              AT INDORE
                         Cr.A. No. 3395 of 2022
                  ( Ganesh Vs. State of Madhya Pradesh )

Dated:- 13.04.2022
      Shri Ramesh Gangare, learned counsel for the appellant.
      Shri Santosh Thakur, learned Dy. Govt. Advocate for the
respondent/State.

Heard on the question of admission.

Record of the lower courts be requisitioned. Als heard on I.A.No.5250/2022, which is the first application filed under Section 389(1) of the Cr.P.C. for suspension of jail sentence of the sole appellant.

The appellant has been convicted vide judgment dated 11.02.2022 passed in S.T.No.304/2016 and sentenced him as under:-

        Conviction                           Sentence
    Section       Act      Imprisonment           Fine     Imprisonment
                                                           in lieu of fine
      379         IPC        03 years RI       3,000/-     2 months RI

Counsel for the appellant has submitted that the appellant was released on regular bail during trial and previously his custodial sentence has already been suspended by the trial Court itself up to 12.5.2022 and there is no possibility of early hearing of this criminal appeal before this Court, hence it is prayed that custodial sentence of the appellant be suspended during the pendency of this 2 Cr.A. 3395-2022

criminal appeal.

Counsel for the State, on the other hand, has opposed the prayer.

On due consideration of the submissions and on perusal of the record, this Court finds force with the contention raised by the counsel for the appellant. Thus, it would be expedient to allow the application for suspension jail sentence of the appellant. Accordingly, the application I.A.No.5250/2022 is allowed.

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 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 30.6.2022 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

Certified copy, as per rules.

(Subodh Abhyankar) JUDGE moni

Digitally signed by MONI RAJU Date: 2022.04.13 16:38:35 +05'30'