Nitin vs The State Of Madhya Pradesh
2022 Latest Caselaw 7156 MP

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                                                            CRA No. 736/2011



         HIGH COURT OF MADHYA PRADESH: BENCH INDORE
   BEFORE DIVISION BENCH OF HON'BLE SHRI JUSTICE VIVEK
   RUSIA & HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
                          CRA No. 736 of 2011
             (Nitin S/o. Santosh Rajawat. V/s. State of M.P.)
Date: 11.05.2022 :
       Ms. Anita Jain, learned counsel for the appellant.
       Shri Kamal Kumar Tiwari, learned Govt. Advocate for
respondent/State.

Heard on I.A. No.20502/2021, first application u/s. 389(1) of the Cr.P.C. for suspension of the jail sentence on behalf of the appellant.

The appellant stands convicted and sentenced vide judgment dated 18.6.2008 passed by learned Sessions Judge, Indore in S.T. No.321/2006 as under :

U/s. Sentence Fine Amount Sentence in lieu of default of payment of fine.

32, 34 of the Life 3,000/- 6 months RI.

IPC.          Imprisonment.
449 of the IPC. Life                 3,000/-           6 months RI.
                Imprisonment.
394 r/w 397 of Life                  3,000/-           6 months RI.
IPC.           Imprisonment.
411 of IPC.         3 years RI       1,000/-           2 months RI.

Learned counsel for the appellant submits that the there are omissions and contradictions which have been overlooked by the learned trial Court. The appellant is in custody since 15 years and there is no likelihood of early disposal of this appeal in near future.

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CRA No. 736/2011

She, therefore, prayed for grant of suspension and released of the appellant from the custody.

On the other hand, learned Govt. Advocate opposes the prayer and prays for rejection of the application.

Looking to the period of custody and that this appeal is of the year 2011 and there is no possibility of its final hearing in near future, we find it is to be a fit case to suspend the custodial sentence of the appellant.

Accordingly, I.A. No.20502/2021 is allowed and it is directed that subject to deposit of fine amount, if already not deposited, with the trial Court and on furnishing personal bond by the appellant in the sum of Rs.30,000/- (Thirty Thousand only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court, the execution of custodial part of the sentence of the appellant shall remain suspended till final disposal of this appeal.

The appellant after being enlarged on bail shall mark their presence before the Registry of this Court on 21.12.2022 and on all such subsequent dates, which are fixed in this behalf.

C.C. as per rules.

         [ VIVEK RUSIA ]                [AMAR NATH (KESHARWANI)]
             JUDGE.                             JUDGE.
Alok/-

Digitally signed by ALOK GARGAV
Date: 2022.05.11 19:46:46 +05'30'