Sunil Parmar vs The State Of Madhya Pradesh
2022 Latest Caselaw 1104 MP

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 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                       Cr. A. No.714 of 2022
                   Sunil Parmar Vs. State of M.P.

Indore, Dated:- 24/01/2022
      Shri Shivendra Pandey, Counsel for the appellant - Sunil

Parmar S/o Babulal Parmar.

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

Heard on IA No.925/2022, 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

IVth Additional Sessions Judge, Shujalpur (MP) in Sessions Trial

No.88 of 2017 vide judgment dated 31.12.2021, as under: -

         Conviction                          Sentence
    Section       Act          RI       Fine amount       Imprisonment in
                                                            lieu of fine
  506 part II IPC, 1860   3 years       Rs.25,000/-     1 year RI

Counsel for the appellant has submitted that after

conviction, the jail sentence of the appellant has already been

suspended by the trial Court itself up to 28.1.2022. It is further

submitted that there are fair chances of 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 and looking to the short sentence imposed on the

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.714 of 2022 Sunil Parmar Vs. State of M.P.

appellant, 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.

Considering the facts and circumstances of the case and the

arguments advanced by the counsel for the parties, 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.925/2022 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, till the final disposal of this

appeal.

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.714 of 2022 Sunil Parmar Vs. State of M.P.

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.

Let the record of the case from the concerned trial Court be

requisitioned; and list the matter on the question of admission

soon thereafter.

C. c. as per rules.

(SUBODH ABHYANKAR) JUDGE Pankaj Digitally signed by PANKAJ PANDEY Date: 2022.01.24 17:24:44 +05'30'