Pritam vs The State Of Madhya Pradesh
2022 Latest Caselaw 2294 MP

                                                  1                                   CRA No.302/2022



                  High Court of Madhya Pradesh, Jabalpur
                              Bench at Indore
                Criminal Appeal No.302/2022
Indore, Dated 18.02.2022
      Shri Vivek Singh, learned counsel for appellant No.2 Shyam Sunder

s/o Chander Singh Gurjar.

      Shri Tarun Pagare, learned Panel Lawyer for the respondent / State of

Madhya Pradesh, on advance notice.

Heard on IA No.1384/2022, 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

27th Additional Sessions Judge Indore, District Indore (MP) in Sessions

Trial No.245/2012 vide judgment dated 30th December, 2021, as under: -

             Conviction                               Sentence
      Section        Act     RI        Fine            Imprisonment in lieu of fine
                                      amount
     307 r/w 34      IPC   7 years   Rs.1,000/-                  6 months RI

Counsel for the appellant has submitted that the only allegation

against the appellant is that he was driving the vehicle in which the other

co-accused was sitting, who fired a gun shot on the complainant party,

which hit the back side of their vehicle.

Counsel has also drawn the attention of this Court to the deposition of

PW-4 Om Prakash Jat to submit that there was a previous enmity between

the parties and the appellant has been falsely implicated in the case.

It is further submitted that the appellant was on bail during the course

of trial and he has not misused the liberty so extended to him. It is further

submitted that there are fair chances of success in the appeal and there is no

possibility of early disposal of this appeal in near future and if the sentence

is not suspended, then the present appeal filed by the appellant (s) may turn

infructuous. Under these circumstances, counsel for the appellant prays for

suspension of jail sentence of the appellant and grant of bail to him.

Counsel for the respondent / State of Madhya Pradesh, on the other

hand, opposed 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.

Having considered the rival submissions and perusal of the record as

also taking note of the fact that no injury either has been caused to any

person and there is a history between the appellant and the complainant

party, 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.1384/2022 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.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 2022.02.18 15:34:43 +05'30'