Thakur Prasad vs The State Of Madhya Pradesh
2022 Latest Caselaw 5553 MP

               1                                Cr.A. No. 3112 of 2022

               IN THE HIGH COURT OF MADHYA PRADESH

                                AT INDORE

                            Cr.A. No. 3112 of 2022

                 ( Thakur Prasad vs. State of Madhya Pradesh)
Dated: 18.04.2022:-

       Shri Chandrakant Verma, learned counsel for the appellant.
       Shri Amit Singh Sisodiya, learned 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.4779/2022, 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 15.03.2018 passed in S.T.No.30/2018 and sentenced him as under:-

        Conviction                            Sentence
     Section       Act     Imprisonment               Fine      Imprisonment
                                                                in lieu of fine
       308         IPC       03 years RI             1,000/-    2 months RI
       324         IPC       02 years RI             500/-      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 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 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.4779/2022 is allowed.

It is directed that on furnishing a personal bond by the appellant in the sum of Rs.25,000/-(Rupees Twenty Five 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 04.7.2022 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: 2022.04.18 14:40:01 +05'30'