Radheshyam vs The State Of Madhya Pradesh
2022 Latest Caselaw 246 MP

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  HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
   (SINGLE BENCH: HON'BLE Mr. JUSTICE VIVEK RUSIA)
                  Criminal Appeal No.7925/2021
                (Radheshyam V/s. The State of M.P.)

Date: 05.01.2022:
     Shri Manish Kumar Vijaywargiya, learned counsel for the
appellant.
      Shri   Sameer    Verma,    learned    Panel    Lawyer    for   the
respondent/State.

Heard on I.A. No.30092/2021, which is first application under Section 389 (1) of the Cr.P.C. for suspension of jail sentence filed on behalf of the appellant-Radheshyam.

The present appeal has been filed against judgment dated 13.12.2021 passed by the Sessions Judge, Rajgarh (Biaora) in Sessions Trial No.118/2018 whereby she has been convicted under section 435 (two counts) of the IPC sentenced to three years of R.I. with fine of Rs. 5,000/- with default stipulation.

Learned counsel for the appellant has submitted that the learned trial Court has not properly appreciated the evidence came on record and material omissions and contradictions have been overlooked. Imprisonment for three years is on the higher side and disproportionate to the alleged crime. The appeal is likely to take considerable time for its final hearing and if his custodial sentence is not suspended, the application may be rendered infructuous. He, therefore, prayed that the custodial sentence of the appellant be suspended and he be released on bail.

Learned counsel for the respondent opposes the application, 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

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arguments advanced by learned counsel for the parties, this Court is of the considered opinion that the application for suspension of custodial sentence moved on behalf of the appellant deserved to be allowed.

Accordingly, I.A. No.30092/2021, is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by the appellant in the sum of Rs.40,000/- (Rupees Forty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for her appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal.

The appellant after being enlarged on bail, shall mark her presence before the registry of this Court on 22/09/2022 and on all such subsequent dates, which are fixed in this regard by the Registry.

Record of the Court below be requisitioned. Certified copy, as per rules.

(VIVEK RUSIA) JUDGE praveen

PRAVEEN NAYAK 2022.01.06 10:04:04 +05'30'