Arvind vs The State Of Madhya Pradesh
2022 Latest Caselaw 7431 MP

                                                   1                                   CRA No.4484/2022



         High Court of Madhya Pradesh, Jabalpur
                     Bench at Indore
            Criminal Appeal No.4484/2022
Indore, Dated 19.05.2022
      Shri Ashish Gupta, learned counsel for appellant Arvind s/o
Prakashchand Gupta.
      Shri Govind Purohit, learned Government Advocate for the
respondent / State of Madhya Pradesh, on advance notice.

Heard on IA No.6891/2022, first 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 2nd Additional Sessions Judge, Sendhwa, District Barwani (MP) in Sessions Trial No.56/2018 vide judgment dated 27th April, 2022, as under: -

               Conviction                              Sentence
     Section          Act     RI        Fine            Imprisonment in lieu of fine
                                       amount
       306            IPC   7 years   Rs.1,000/             1 year additional RI
       409            IPC   7 years   Rs.1,000/-           1 years additional RI
       420            IPC   5 years   Rs.500/-            6 months additional RI
       468            IPC   5 years   Rs.500/-            6 months additional RI
       471            IPC   5 years   Rs.500/-            6 months additional RI

Considering the fact that the appellant has already suffered four years and one month incarceration out of total sentence of seven years rigorous imprisonment awarded to him, the suspension application filed by the appellant deserves to be allowed.

Accordingly, without expressing any opinion on merits of the case, IA No.6891/2022 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.50,000/- (Rupees fifty 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 11.08.2022 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

Pending interlocutory applications (including urgent hearing during summer vacation), if any, shall stand disposed of.

Let the record of the case from the concerned trial Court be requisitioned.

Let the matter be listed on the question of admission, after receipt of the record.

Certified copy as per rules.

(Subodh Abhyankar) Vacation Judge rcp

RAMESH CHANDRA PITHWE 2022.05.20 11:40:21 +05'30'