Ramlal vs The State Of Madhya Pradesh
2022 Latest Caselaw 2000 MP

                                                  1                                   CRA No.8163/2021



                 High Court of Madhya Pradesh, Jabalpur
                             Bench at Indore
               Criminal Appeal No.8163/2021
Indore, Dated 14.02.2022
       Shri Tarun Kushwaha, learned counsel for appellant Ramlal s/o

Sohanlal.

       Smt. Mamta Shandilya, learned Government Advocate for the

respondent / State of Madhya Pradesh.

Heard on IA No.30389/2022, 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 appellant.

The present appellant has been convicted and sentenced by learned

Additional Sessions Judge Nagda, District Ujjain (MP) in Sessions Trial

No.400086/2011 vide judgment dated 21st December, 2021, as under: -

              Conviction                              Sentence
    Section        Act       RI        Fine            Imprisonment in lieu of fine
                                      amount
     419           IPC     2 years   Rs.2,000/-                  4 months RI
     468           IPC     4 years   Rs.4,000/-                  8 months RI

Looking to the fact that the appellant is sentenced to four years

incarceration and was in jail since 12.06.2010 and the fact that the final

disposal of the appeal is likely to take sufficiently long time, and also the

fact that the appellant is at present around seventy years' old, 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.30389/2021 is allowed, subject to depositing the fine amount, if any,

and it is directed that on furnishing a personal bond by each of the appellant

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 on 11.05.2022 and on all such

subsequent dates, as may be fixed by the concerned Court in this regard.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.02.14 17:49:25 +05'30'