Preetam vs The State Of Madhya Pradesh
2022 Latest Caselaw 14469 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 7216 of 2022 (PREETAM AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 09-11-2022 Shri Akhilesh Kumar Saxena, learned counsel for the appellants.

Shri Vismit Panot Pl appearing on behalf of Advocate General/State.

Heard on the question of admission.

The appeal is admitted for final hearing. Als o heard on I.A. No.11478/2022, which is an application under

Section 389(1) of Cr.P.C for suspension of sentence moved on behalf of appellants.

The appellants have been convicted for offence under Section 452 and 323/34 IPC and under Section 3(2)(va) of SC/ST (P.A.) Act and sentenced to undergo 1-1, 1-1 and 1-1 years R.I. with fine of Rs.500/, 500/-, & 500/- each and usual default stipulations.

Learned counsel for the appellants submits that immediately after the pronouncement of the judgment the appellants were granted benefit of suspension on the same day till 26.08.2022, but thereafter, the appeal could not

be listed before the Court and thereafter, the appellants have surrendered before the Court below on 31.10.2022 and is behind the bar since then. Appellants have been convicted for a short sentence. At this stage, suspension of jail sentence has been sought on the ground that the jail sentence was already suspended till 26.08.2022, now the appellants are in jail, the final hearing of this appeal is not possible in near future. Hence, remaining jail sentence of the appellants be suspended.

Counsel for the State has opposed the prayer.

I n due consideration of the submissions made on behalf of the appellants, on perusal of the record and looking to the fact that the jail sentence of the appellants was already suspended till 26.08.2022, it would be appropriate to suspend the jail sentence of the appellant.

Accordingly, I.A. No.11478/2022 filed on behalf of appellants is allowed and it is directed that subject to deposit fine amount and on furnishing personal bond by appellants in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety each in the like amount to the satisfaction of the learned trial Court, for their regular appearance before the concerned trial Court, the execution of custodial part of the remaining sentence

imposed against the appellants shall remain suspended, till the final disposal of this appeal.

The appellants namely Pritam Sen and Ravi Sen, after being enlarged on bail, shall mark their presence before the concerned trial Court on 05.12.2022 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

Certified copy, as per rules.

List in due course for final hearing.

(RAJENDRA KUMAR (VERMA)) JUDGE

amit Digitally signed by AMIT KUMAR Date: 2022.11.12 16:42:23 +05'30'