Rohit Mewada vs The State Of Madhya Pradesh
2022 Latest Caselaw 172 MP

                                                                               1                               CRA-8222-2018
                                                   The High Court Of Madhya Pradesh
                                                            CRA No. 8222 of 2018

(ROHIT MEWADA Vs THE STATE OF MADHYA PRADESH)

Indore, Dated : 04-01-2022 Shri Yashpal Rathore, learned counsel for the appellant.

Ms. Gitanjali Chourasiya, Panel Lawyer for Non- applicant/State.

Heard on I.A.No.27127/2021, which is an application for suspension of jail sentence of the appellant who has been convicted by

the Sessions Judge, district Neemuch vide judgment dated 9.10.2018, for commission of offence punishable under Section 394 of IPC, sentenced to undergo 10 years RI.

Learned counsel for the appellant submits that the present application for suspension has been filed on account of period of incarceration, as the appellant has already suffered around 8 years of incarceration out of 10 years awarded for the offence punishable under Section 394 of IPC. It is submitted that although the matter was

listed for final hearing but could not taken due to paucity of time. Hence, it is prayed that application for suspension of jail sentence be allowed.

Per contra, learned Panel Lawyer for the State has opposed the prayer for suspension of jail sentence and prays for its rejection.

On due consideration of the totality of the facts and circumstances of the case, so also considering the period of incarceration of the appellant, this Court is of the opinion that if the sentence of the appellant is not suspended then, the filing of appeal would render futile. In view of the same, the application for suspension of jail sentence filed on behalf of the appellant is allowed Signature Not VerifiedDigitally signed by SAN SHAILESH MAHADEV SUKHDEVE Date: 2022.01.05 11:01:05 IST 2 CRA-8222-2018 and it is directed that upon appellant's furnishing a personal bond to the tune of Rs.1,00,000/- with one solvent surety in the like amount to the satisfaction of the trial Court, the substantive jail sentence of the appellant shall remain suspended till the final disposal of the appeal and he shall be released on bail for his appearance before the

Registry of this Court on 14.2.2022 and all other subsequent dates, as may be fixed in this behalf by the Office.

List for final hearing in due course of time. C.c. as per rules.

(SUBODH ABHYANKAR) JUDGE

SS/-

Signature Not Verified
              VerifiedDigitally
                       Digitally signed by
  SAN                  SHAILESH
                       MAHADEV
                       SUKHDEVE
                       Date: 2022.01.05
                       11:01:05 IST