Sanjay vs The State Of Madhya Pradesh
2022 Latest Caselaw 1690 MP

                                :1:                    Cr.A.No.7001-2021

  THE HIGH COURT OF MADHYA PRADESH, INDORE BENCH

                           Cr.A.No.7001-2021
                    ( Sanjay vs. State of Madhya Pradesh)

Indore, Dated: 07.02.2022
       Heard through video conferencing.
      Shri Ashish Gupta, learned counsel for the appellant.

      Smt. Mamta Shandilya, learned Govt. Advocate appearing

on behalf of respondent/State.

Record of the trial court is available.

Heard on I.A.No.28832/2021, which is the first application

under Section 389 (1) of the Cr.P.C. for suspension of jail sentence

of the appellant.

The appellant has been convicted by the Sessions Judge

Badwani, District Badwani vide judgment dated 12.11.2021

passed in S.T. No.111/2019 for offence punishable under Sections

307/34 of the IPC and sentenced him to undergo 07 years rigorous

imprisonment with fine of Rs.1,000/- with default stipulation.

Counsel for the appellant has submitted that the appellant

has spent around half of the jail sentence awarded to him. It is

further submitted that the appeal is likely to take a long time in its final

hearing. Under these circumstances, he prays that the application for

suspension of jail sentence be allowed.

The prayer for suspension of sentence is opposed by the learned

counsel for the State.

:2: Cr.A.No.7001-2021

On due consideration of the submissions and on perusal of

the record, it is found that the appellant has already completed

three and a half years of sentence, out of the seven years

imprisonment awarded to him and the final disposal of the appeal

is likely to take a long time.

Accordingly, without expressing any opinion on merits of

the case, IA No.28832/2021 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 a solvent surety

each 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 11.04.2022 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: 2022.02.08 14:26:36 +05'30'