Lalsingh vs The State Of Madhya Pradesh
2022 Latest Caselaw 2225 MP

   The High Court of Madhya Pradesh : Bench at Indore

                      Cri.A. No.5634/2019
                  (Lalsingh Vs. State of M.P.)

Indore:17.02.2022
     Shri Yashraj Gupta, learned counsel for the appellant.
     Shri Ajay      Gupta,   learned   Panel   Lawyer     for   the
respondent/State.

Heard on I.A. No.816/2021, repeat application(second) under Section 389(1) of Cr.P.C for suspension of sentence moved on behalf of appellant-Lalsingh.

Appellant has been convicted for offence under Section 326 of IPC, 1860 and sentenced to undergo 5 years R.I with a fine of Rs.10,000/- and in default to undergo 1 year Additional RI, vide judgment dated 24/06/2019, passed by Special Judge (SC/ST (PA) Act), District Ratlam, in Special Case No.07/2012.

Learned counsel for the appellant has submitted that the appellant was on bail during trial and he has not misused the liberty so granted to him. It is further submitted that the appellant has suffered jail incarceration of about 2 years and 10 months. There is no possibility of early hearing of this appeal. Under these circumstances, counsel prayed for suspension of remaining jail sentence of appellant and grant of bail.

Learned Panel Lawyer for the respondent/State opposes the application by submitting that no sufficient ground is made out for releasing the appellant on bail, hence the application filed by the appellant be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties so also the fact that the appellant has undergone more than half of the jail sentence, this Court is of the considered opinion that the application for suspension of custodial sentence moved on behalf of appellant deserves to be allowed.

The High Court of Madhya Pradesh : Bench at Indore

Cri.A. No.5634/2019 (Lalsingh Vs. State of M.P.)

Accordingly, I.A. No.816/2021 is allowed and it is directed that subject to depositing the fine amount and on furnishing personal bond by 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 regular appearance before this Court, the execution of custodial part of the sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

Appellant, after being enlarged on bail, shall mark his presence before the Registry of this Court on 20/04/2022 and on all such subsequent dates, as may be fixed by the Registry in this regard.

Certified copy as per Rules.

(Rajendra Kumar (Verma)) Judge

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Digitally signed by PREETHA NAIR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE,

PREETHA NAIR ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=5431da3716f911ecd1cb3fc6dc91ea2cacec60259cb241b9ad4241 6f404bb303, pseudonym=BEA9A029360DBE02FDC86E8557A519B70B35E1A7, serialNumber=0EC5BE08895BA17A6074239F753A38DE8188C5E65085178 B87CD8C85BA5B87CC, cn=PREETHA NAIR Date: 2022.02.17 15:51:36 +05'30'