Govind Narayan Singh Dodia vs The State Of Madhya Pradesh
2022 Latest Caselaw 1102 MP

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  HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                    Cr. A. No.7267 of 2021
          Govind Narayan Singh Dodia Vs. State of M.P.

Indore, Dated:- 24/01/2022
      Shri Lucky Jain, Counsel for the appellant - Govind Narayan

Singh Dodia S/o Shri Sajjan Singh Ji Dodia.

      Ms. Seema Maheshwari, Counsel for the respondent/State.

      Heard on IA No.29280/2021, 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 Vth

Additional Sessions Judge, Mandsaur (MP) in Sessions Trial No.97 of

2011 vide judgment dated 31.08.2021, as under: -

         Conviction                        Sentence
   Section        Act          RI         Fine        Imprisonment
                                         amount       in lieu of fine
   409        IPC, 1860 7 years         Rs.10,000/ 4 months RI
                                        -

420 IPC, 1860 3 years Rs.5,000/- 2 months RI 467 IPC, 1860 7 years Rs.10,000/ 4 months RI

-

468 IPC, 1860 3 years Rs.5,000/- 2 months RI 471 IPC, 1860 7 years Rs.10,000/ 4 months RI

-

At the outset, counsel for the appellant has submitted that the

appellant has already suffered around five years and six months of

incarceration out of 7 years sentence awarded by the learned Judge of

the trial Court. It is further submitted that there are fair chances of

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.7267 of 2021 Govind Narayan Singh Dodia Vs. State of M.P.

success in the appeal, 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 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 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.

Having considered rival submissions, perusal of the record and

taking note of the period of incarceration, 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.29280/2021 is allowed and it is directed that subject to

his depositing the fine amount, if already not deposited and on his

furnishing a personal bond 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 concerned trial Court, the execution of the custodial part of

the sentence imposed against the appellant shall remain suspended,

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.7267 of 2021 Govind Narayan Singh Dodia Vs. State of M.P.

till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his

presence before the concerned trial Court on 11.04.2022 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 Pankaj Digitally signed by PANKAJ PANDEY Date: 2022.01.24 17:25:26 +05'30'