Parvati Bai vs The State Of Madhya Pradesh
2022 Latest Caselaw 17111 MP

                                                                          1
                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT INDORE
                                                                    CRA No. 12147 of 2022
                                                   (PARVATI BAI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 22-12-2022
                                      Shri Rituraj R. Bhatnagar, learned counsel for the appellants.

                                      Shri Vaibhav Bhagwat, learned Government Advocate for the
                           respondent / State of Madhya Pradesh, on advance notice.

Heard on IA No.16399/2022, first 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 appellants.

The present appellants have been convicted and sentenced by learned 7th Additional Sessions Judge, Mandsaur, District Mandsaur (MP) in Sessions Trial No.1300196/2016 vide judgment dated 30.11.2022, as under: -

                                         C onviction                             Se nte nce
                            Section               Act               RI     Fine amount        Imprisonment in lieu of
                                                                                                      fine
                           467/120-B IPC                   1 year         Rs.1,000/-      1 month additional RI
                           468/120-B IPC                   1 year         Rs.1,000/-      1 months additional RI
                           467/120-B IPC                   1 year         Rs.1,000/-      1 month additional RI

                           in place of
                           471/120-B

Counsel for the appellants has submitted that the appellants were on bail during the trial and they did not misuse the liberty so granted to them. It is further submitted that short sentence of one year RI has been imposed on the appellants and there are fair chances of success in the appeal and there is no possibility of early disposal of this appeal in near future and if the sentence is not suspended, then the present appeal filed by the appellant (s) may turn infructuous.

Counsel has also submitted that the jail sentence of the appellants have already been suspended by the trial Court itself up to 30.12.2022.

Under these circumstances and looking to the short sentence imposed on the appellants, counsel for the appellants prays for suspension of jail sentence of the appellants and grant of bail to them.

Counsel for the respondent / State of Madhya Pradesh, on the other hand, opposed the prayer.

Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 22-12-2022 18:08:42

Considering the facts and circumstances of the case and the arguments advanced by the counsel for the parties as also looking to the short sentence of one year RI awarded to the appellants, 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.16399/2022 is allowed, subject to depositing the fine amount, if any, and it is directed that on furnishing a personal bond by each of the appellants 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 / her regular appearance before concerned trial Court, the execution of the custodial part of the sentence imposed against the appellant (s) shall remain suspended, till the final disposal of this appeal.

The appellant (s), after being enlarged on bail, shall mark his / her presence before the concerned trial Court o n 30.01.2023 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

Let the record of the case from the concerned trial Court be requisitioned.

IA No.16659/2022, an application for hearing during vacation stands allowed.

C. c. as per rules.

(SUBODH ABHYANKAR) V. JUDGE

rcp

Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 22-12-2022 18:08:42