Madhya Pradesh High Court
Rinku @ Rajender @ Sunil ... vs The State Of Madhya Pradesh on 16 February, 2022
Author: Subodh Abhyankar
1 CRA No.1106/2019
High Court of Madhya Pradesh, Jabalpur
Bench at Indore
Criminal Appeal No.1106/2019
Indore, Dated 16.02.2022
Mr. Krishnapal Singh Khichi, learned counsel for appellant Rinku @
Rajender @ Sunil Kuchbandiya s/o Shri Ashok Kumar @ Madan Kuchbandiya.
Ms. Seema Maheshwari, learned Panel Lawyer for the respondent / State
of Madhya Pradesh.
Heard on IA No.13404/2021, repeat (second) 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
Sessions Judge Neemuch, District Neemuch (MP) in Sessions Trial No.11/2014
vide judgment dated 9th October, 2018, as under: -
Conviction Sentence
Section Act RI Fine Imprisonment in lieu of fine
amount
394 r/w 397 IPC 10 years - -
25 (1-A) Arms Act 1 year - -
27 Arms Act 1 year - -
Learned Counsel for the appellant has submitted that the present
application for suspension has been filed on account of period of incarceration, as
the appellant has already suffered around 8 years of incarceration out of 10 years
awarded for the offence punishable under Section 394 / 397 of IPC. It is
submitted that although the matter was listed for final hearing but could not taken
due to paucity of time.
Hence, it is prayed that application for suspension of jail sentence be
allowed.
Per contra, learned Panel Lawyer for the respondent / State has opposed
the prayer for suspension of jail sentence and prays for its rejection.
On due consideration of the totality of the facts and circumstances of the
case, so also considering the period of incarceration of the appellant, this Court is
of the opinion that if the sentence of the appellant is not suspended then, the filing
of appeal would render futile. In view of the same, the application for suspension
of jail sentence filed on behalf of the appellant deserves to be allowed.
Accordingly, without expressing any opinion on merits of the case, IA
No.13404/2022 is allowed, subject to depositing the fine amount, if any, and it is
directed that on furnishing a personal bond by the appellant in the sum of
Rs.1,00,000/- (Rupees one lakh 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.
Let the matter be listed for final hearing in due course of time.
C. c. as per rules.
(Subodh Abhyankar)
Judge
rcp
RAMESH CHANDRA PITHWE
2022.02.16 16:14:37 +05'30'
