Ramjan Ali vs The State Of Madhya Pradesh
2022 Latest Caselaw 15202 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                       CRA No. 10476 of 2022
                                                (RAMJAN ALI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 18-11-2022
                                 Shri Ritesh Inani, learned counsel for the appellant.

                                 Shri Sudhanshu Vyas, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Admit.

Also Heard on I.A. No.14764/2022, which is an application under Section 389(1) of Cr.P.C for suspension of sentence moved on behalf of

appellant.

The appellant has been convicted for offence under Section 406 of IPC and sentenced to undergo 3 years R.I. with fine and usual default stipulations.

Learned counsel for the appellant submits that immediately after the pronouncement of the judgment the appellant was granted benefit of suspension on the same day. Appellant has been convicted for a short sentence. At this stage, suspension of jail sentence has been sought on the ground that the jail sentence is already suspended till 07/12/2022, the final hearing of this appeal is not possible in near future. Hence, remaining jail sentence of the appellants be

suspended.

Learned Panel Lawyer for the State on the other hand has opposed the application and prays for its rejection.

In due consideration of the submissions made on behalf of the appellant, on perusal of the record and looking to the fact that the jail sentence of the appellant is already suspended till 07.12.2022, it would be appropriate to suspend the jail sentence of the appellant. Signature Not Verified Signed by: SUMATHI JAGADEESAN Signing time: 18-11-2022 17:51:22

Accordingly, I.A. No.14764/2022 filed on behalf of appellant is allowed and it is directed that subject to deposit fine amount and 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, for his regular appearance before the concerned 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 concerned trial Court on 24.01.2023 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

I.A. No.14764/2022 stands disposed off. Let the record be requisitioned.

List for final hearing in due course.

Certified copy, as per Rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

sumathi

Signature Not Verified Signed by: SUMATHI JAGADEESAN Signing time: 18-11-2022 17:51:22