Dharmendra Giri vs The State Of Madhya Pradesh
2022 Latest Caselaw 817 MP

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        HIGH COURT OF MADHYA PRADESH
               BENCH AT INDORE
         (S.B.: HON'BLE Mr. JUSTICE VIVEK RUSIA)
                 Criminal Appeal No.1413/2021
               (Dharmendra Giri V/s State of M.P.)
Indore, Date: 18.01.2022:

      Shri Sachin Parmar, learned counsel for the appellant.
      Shri       Pranay    Joshi     learned    panel   lawyer   for     the
respondent/State.

Heard on I.A. No.28230/2021, which is repeat second application filed under Section 389 (1) of the Cr.P.C. for suspension of jail sentence filed on behalf of the appellant- Dharmendra Giri.

The appellant-Dharmendra has been convicted vide judgment dated 30.01.2021 passed by Ist Additional Sessions Judge, Dewas in ST No.57/2019 whereby he has been convicted and sentenced as follows:-

Convicted U/s Sentenced to Fine In default of payment of fine 450 of the IPC 3 years R.I. Rs.1,000/- 3 months R.I. 394 of the IPC 7 years R.I. Rs.5,000/- 6 months S.I.

506 of the IPC       6 months R.I.       -               -
201 of the IPC       6 months R.I.       Rs.500/-        1-month S.I.

First application for suspension of sentence of the appellant was dismissed on 25.05.2021.

Learned counsel for the appellant submits that this second application for suspension of sentence is filed on the ground that the appellant has completed more than three years and two months of incarceration out of seven years. There is no minimum sentence prescribed under section 394 of the IPC. So far, the other offences are concerned he has undergone the sentence. During pendency of this appeal mother of the appellant has died on 04.06.2021. His wife is aged about 22 years with one year child and there is no one in the family to earn livelihood for them. He has falsely been implicated in

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this case. This appeal is of year 2021 and the same is not going to come for final hearing in the near future. The appellant is not a habitual offender. He is not going to fled away from the city.

Learned panel lawyer for the respondent/State opposes the prayer.

It is correct that appellant has completed almost half of the jail sentence and this appeal of 2021 is not likely to come for final hearing in near future. The appellant is first offender, and he is in jail since date of his arrest. P.W.-1/complainant has turned hostile.

Considering the facts and circumstances of the case and the 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 appellants deserved to be allowed.

Accordingly, I.A. No.28230/2021, is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by the appellant-Dharmendra Giri in the sum of Rs.40,000/- (Rupees Forty Thousand only) with one solvent sureties each in the like amount to the satisfaction of the learned trial Court for their appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal.

The appellants shall mark their presence before the registry of this Court on 23/09/2022 and on all such subsequent dates, which are fixed in this regard by the Registry.

I.A. No.28230/2021 stands disposed of. List the appeal for final hearing in due course. Certified copy, as per rules.

(VIVEK RUSIA ) JUDGE Ajit

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

KAMALASA st=Madhya Pradesh, 2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6cba2 41effad892107d95ef0a1afc55b4, pseudonym=CFDFD9C36711CA738F527A5D61A1EE9 01C09EF29,

NAN serialNumber=7F0BEE2D78BD57DA058F3247441C87 E7E0817FB61F5E2ABCAEE63CAAA7B3B9FF, cn=AJIT KAMALASANAN Date: 2022.01.19 13:51:09 +05'30'