Arjun @ Guru vs The State Of Madhya Pradesh
2022 Latest Caselaw 1709 MP

                              :1:                    Cr.A.No.7830-2021

  THE HIGH COURT OF MADHYA PRADESH, INDORE BENCH

                          Cr.A.No.7830-2021
               ( Arjun @ Guru vs. State of Madhya Pradesh)

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

      Smt. Mamta Shandilya, learned Govt. Advocate appearing on

behalf of respondent/State.

Record of the trial court is available with the connected

Cri.A.No.7001/2021.

Heard on I.A.No.29980/2021,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 under for offence punishable under Sections

307/34 of the IPC and sentenced 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 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.7830-2021

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 jail sentence, out of seven years imprisonment awarded to

him and the appeal is not likely to be heard at an early date.

Accordingly, without expressing any opinion on merits of the

case, I.A. No.29980/2021 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 14:27:00 +05'30'