Vipin Goyal vs The State Of Madhya Pradesh
2022 Latest Caselaw 4399 MP

                                                   1                                   CRA No.2689/2018



            High Court of Madhya Pradesh, Jabalpur
                        Bench at Indore
            Criminal Appeal No.2689/2018
Indore, Dated 29.03.2022
      Shri Nilesh Agrawal, learned counsel for appellant Vipin
Goyal s/o Purshottam Goyal.
      Shri Bhaskar Agrawal, learned Government Advocate for the
respondent / State of Madhya Pradesh.

Heard on IA No.28464/2021, a repeat (second) application under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of the appellant.

The present appellant has been convicted and sentenced by learned Additional Sessions Judge, Ujjain, District Ujjain (MP) in Sessions Trial No.96/2012 vide judgment dated 12 th March, 2018, as under: -

              Conviction                               Sentence
    Section         Act      RI        Fine             Imprisonment in lieu of fine
                                      amount
      420           IPC    4 years   Rs.25,000/-                  6 months
     120-B          IPC    7 years   Rs.25,000/-                  6 months

Counsel for the appellant has submitted that the appellant has already suffered the incarceration of five years and three months out of total sentence of seven years rigorous imprisonment and there is no possibility of early disposal of this appeal in near future and if the sentence is not suspended, then the present appeal

filed by the appellant (s) may turn infructuous. Under these circumstances and looking to the period of incarceration already suffered by the appellant which is more than half of the total sentence awarded to him, counsel for the appellant prays for suspension of jail sentence of the appellant and grant of bail to him.

Counsel for the respondent / State of Madhya Pradesh, on the other hand, has opposed the prayer and it is submitted that the application filed by the appellant be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by the counsel for the parties as also looking to the period of incarceration of the appellant which is around five years and three months out of total sentence of seven years RI, this Court is of the considered opinion that the application for suspension of custodial sentence deserves to be allowed, as the final disposal of the appeal is likely to take sufficiently long time.

Accordingly, without expressing any opinion on merits of the case, IA No.28464/2021 is allowed, subject to depositing the fine amount, if any, and it is directed that on furnishing a personal bond by the appellant in the sum of Rs.25,000/- (Rupees twenty five thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his / her regular appearance before concerned trial Court, the execution of the custodial part of the sentence imposed against the appellant (s) shall remain suspended, till the final disposal of this appeal.

The appellant (s), after being enlarged on bail, shall mark his

/ her presence before the concerned trial Court on 11.07.2022 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.03.29 18:30:11 +05'30'