Chandrashekhar Londhe vs The State Of Madhya Pradesh
2022 Latest Caselaw 153 MP

   THE HIGH COURT OF MADHYA PRADESH, INDORE
                    BENCH
                   CRA No.7987/2021
              (Chandrashekhar Londhe Vs. State of M.P.)
Indore, dated 04/01/2022
      Shri Amit Bhatia, learned counsel for the appellant.
      Shri D.S. Chouhan, learned P.L. for the respondent /State.

Heard on I.A. No.30147/2021 on behalf of appellant which filed under Section 389(1) of the Cr.P.C. for suspension of jail sentence of the appellant.

The appellant has been convicted and sentenced by the Special Judge (Electricity Act), Indore vide judgment dated 24.11.2021 passed in S.T. No.713/2015 as under:

  Conviction                           Sentence
Sections     and Imprisonment        Fine          Imprisonment      in
Act                                                lieu of fine
409/120-B      of 3 years            5000/-        1 Months R.I
IPC
420/120-B      of 3 years            5000/-        1 Months R.I
IPC
409 of IPC        3 years            5000/-        1 Months R.I
420 of IPC        3 years            5000/-        1 Months R.I

Learned counsel for the appellant submits that the appellant , immediately after the pronouncement of the judgment has been granted benefit of suspension on the same day. Short sentence of three years has been pronounced in all the aforesaid sections. At this stage, suspension of jail sentence has been sought on the ground that the jail sentence is already suspended till 23.01.2022, the final hearing of this appeal is not possible in near future and the co-accused persons have already been granted suspension by this Court. Hence, remaining jail sentence of the appellant be suspended.

On the other hand, learned counsel for the State/respondent opposed the prayer.

Original file was perused.

In due consideration of the submissions made on behalf of the parties, on perusal of the record and looking to the fact that the jail sentence is already suspended till 23.01.2022, it would be appropriate to suspend the jail sentence of the appellant.

Accordingly, I.A. No.30147/2021 filed on behalf of appellant Chandrashekhar is allowed and it is directed that on furnishing personal bond by appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his presence before the concerned trial Court on 11.01.2022 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

Certified copy, as per rules.

This is an admitted appeal.

Record be requisitioned.

List for final hearing in due course.

(Rajendra Kumar (Verma)) Judge

amit

AMIT Digitally signed by AMIT KUMAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001,

KUMA st=Madhya Pradesh, 2.5.4.20=18db6b55824fa1834dc7e61d0 6ed3c79a81bc156ec0309c5245d47a0a5 2604de, pseudonym=713D9BD68EDDADCD6B88 DA2B1BCDCFC0369478F5,

R serialNumber=62B9B1A094FCDF2F0107 E91326BC51DC9DCF83F25C9D67245FE 3BCCFD0F2DB67, cn=AMIT KUMAR Date: 2022.01.05 15:19:46 +05'30'