Bagduram vs The State Of Madhya Pradesh
2022 Latest Caselaw 3490 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                      Criminal Appeal No.524/2020
                       (Bagduram Vs. State of M. P.)
                                   -1-

Indore, dated 11/03/2022

       Shri Rishiraj Trivedi, learned counsel for the appellant.

       Shri Rajendra Singh Suryavanshi, learned Deputy Government

Advocate for the respondent / State.

Heard on I.A. No.26840/2021, which is second application filed

under Section 389 of Cr.P.C. for grant of suspension of jail sentence.

The appellant has been convicted and sentenced by the ASJ,

Bhanpura, District Mandsaur vide judgment dated 18/11/2019 passed

in Special Sessions Trial No.41/2009 and the appellant has been

convicted under Section 8/18(C) of the NPDS Act and has been

sentenced to undergo 05 years RI with fine of Rs.50,000/- with default

stipulation.

Learned counsel for the appellant submits that the appellant is

an innocent person and he has been implicated falsely in the present

case. The appellant has completed more than 02 years and 08 months

jail incarceration out of the total 05 years of jail sentence awarded to

him. Final hearing of this appeal is not possible in near future. Hence,

remaining jail sentence of the appellant be suspended.

On the other hand, learned counsel for the State/respondent

opposed the prayer.

Heard the counsel for the parties and perused the record.

On due consideration of the submissions made on behalf of the

parties, on perusal of the record and looking to the fact that the HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Criminal Appeal No.524/2020 (Bagduram Vs. State of M. P.)

appellant has completed more than half of the sentence awarded to

him, it would be appropriate to suspend the jail sentence of the

appellant.

Accordingly, I.A. No.26840/2021 filed on behalf of appellant

Bagduram Bheel 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, 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 Registry of this Court on 12/07/2022 and on all

such subsequent dates, which are fixed in this regard by the

concerned trial Court.

List in due course.

Certified copy as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE Tej

Digitally signed by TEJPRAKASH VYAS Date: 2022.03.11 18:04:22 +05'30'