Ashish Bharti vs The State Of Madhya Pradesh
2022 Latest Caselaw 1932 MP

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           THE HIGH COURT OF MADHYA PRADESH
                           CRA-1674-2019
             (Ashish Bharti vs The State of M.P. and others)

Jabalpur, Dated 11-02-2022.

       Heard through Video Conferencing
       Shri Subhash Patel. counsel for the appellant.

       Shri Pankaj Raj, Panel Lawyer for the respondent/State.

Heard on I.A No. 20273/2021, which is the third application

under Section 389 (1) of the Code of Criminal Procedure for

suspension of custodial sentence of the sole appellant Ashish

Bharti, who has been convicted and sentenced as under-

     Convicted                       Sentenced to
     under Section

376 (2-(i), (k) 10 years RI and fine of Rs.1,000/- with

(n) IPC default stipulation 363 3 years RI and fine of Rs.1,000/- with default stipulation 366 3 years RI and fine of Rs.1,000/- with default stipulation

2. The first and second applications have been dismissed as

withdrawn vide orders dated 13.09.2019 and 25.6.2021 in IA

3447/2019 and I.A No. 5058/2020 respectively.

3. This time the learned counsel for the appellant referred to a

report of the Superintendent District Jail, Chhindwara dated

31.1.2022 to the effect that the appellant has served out five years

11 months and 20 days out of 10 years sentence awarded to him

and the period is including the period of remission which is one

year two months and 18 days.

4. The only submission of the learned counsel for the appellant

is that since the appellant has served out half of the sentence,

therefore, his sentence be suspended.

5. The learned Panel Lawyer referred to Full Bench of this

Court in Dashrath Singh vs. State of M.P. : Cr. Appeal No.

1248/2005 order dated 26.04.2017 and Division Bench of this

Court in Rahul vs. State of M.P.: Cr. Appeal No.740/2016 order

dated 07.01.2022 and submitted that the sentence cannot be

suspended on the sole ground of the period of custody.

6. Nothing has been stated against the above referred

judgments.

7. Looking to the evidence available on record, dismissal of

earlier two applications, and the ground taken this time in the

backdrop of judgment of Full Bench of this Court, the sentence

cannot be suspended. Therefore, I.A. No. 20273/2021 is

dismissed.

8. This is an admitted appeal. List for final hearing in due

course.

(Virender Singh) JUDGE

vivek

VIVEK KUMAR TRIPATHI 2022.02.15 10:36:11 +05'30'