Gopal vs The State Of Madhya Pradesh
2022 Latest Caselaw 3112 MP

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                                                                          The High Court Of Madhya Pradesh
                                                                                   CRA No. 1927 of 2022
                                                                                      (GOPAL Vs THE STATE OF MADHYA PRADESH)

                                                             Indore, Dated : 04-03-2022
                                                                   Shri N.J. Dave, learned counsel for the Petitioner .

                                                                   Shri Rahul Solanki, learned Dy. Govt. Advocate for the respondent/State.

Heard on I.A. No.2890/2022, an application under Section 389 (1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of appellant.

The appellant has been convicted for offence punishable under Section 325 of IPC, 1860 and sentenced to undergo 3 years R.I within fine of Rs.1,000/- and

usual default stipulations vide judgment dated 16.02.2022 passed by Fourth Additional Sessions Judge, District Khargone, in S.T. No.49/2021 Learned counsel for the appellant has submitted that the after conviction the sentence of the appellant has already been suspended by the trial Court itself. It is further submitted that there are fair chances of success in the appeal and there is no possibility of early conclusion of this appeal. If the sentence is not suspended the present appeal may turn infructuous. Under these circumstances, looking to the short sentence imposed, counsel prays for suspension of remaining jail sentence of appellant and grant of bail.

Learned Panel Lawyer for the respondent/State o n t h e other hand , has opposed the bail 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, the arguments advanced by learned counsel for the parties and the short sentence imposed, this Court is of the considered opinion that the application for suspension of custodial sentence moved on behalf of the appellant deserves to be allowed .

Accordingly, I.A. No.2890/2022 is allowed and it is directed that subject to depositing the fine amount and on furnishing personal bond by appellant 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 SUMATHI JAGADEESAN before this Court, the execution of custodial part of the sentence imposed against Digitally signed by SUMATHI JAGADEESAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=2c031063fea95cabb51a5432c9ce6df4c49ae556251c6a1b1 fca11a86643b2a2, pseudonym=BEF252392AFC4F748B6F8C1E18D805F7FACD91F2, serialNumber=28E58B6FE482FD4DF2469FAAFF13E836178C3C815 33BF4D0F8641FFAB3DD337B, cn=SUMATHI JAGADEESAN Date: 2022.03.05 10:58:31 +05'30'

the appellant shall remain suspended, till the final disposal of this appeal.

Appellant Gopal after being enlarged on bail, shall mark his presence before the Registry of this Court on 22.08.2022 and on all such subsequent dates, as may be fixed by the Registry in this regard.

Let the record be requisitioned.

List thereafter.

Certified copy, as per Rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

sumathi

Digitally signed by SUMATHI

SUMA JAGADEESAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=JUDICIAL, postalCode=452001,

THI st=Madhya Pradesh, 2.5.4.20=2c031063fea95cabb5 1a5432c9ce6df4c49ae556251 c6a1b1fca11a86643b2a2,

JAGAD pseudonym=BEF252392AFC4 F748B6F8C1E18D805F7FACD9 1F2, serialNumber=28E58B6FE482 FD4DF2469FAAFF13E836178C

EESAN 3C81533BF4D0F8641FFAB3D D337B, cn=SUMATHI JAGADEESAN Date: 2022.03.05 10:59:34 +05'30'