Versingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 5441 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                       CRA No. 11865 of 2022
                                                 (VERSINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 01-04-2023
                                 Shri Harshvardhan Pathak - Advocate for appellant.

                                 Shri Surendra Gupta - GA for State.
                                 Heard on admission.
                                 Appeal is admitted for final hearing.
                                 Also heard on IA No 1636/2023 which is first application for suspension
                           of sentence of jail sentence on behalf of appellant Versingh.

                                 The appellant has been convicted u/S.467 of IPC (in two counts), 468
                           (in two counts), 471 of IPC (in two counts), 419 of IPC (in two counts), 193
                           of IPC (in two counts) and 205 of IPC (in two counts) and respectively
                           sentenced to undergo RI for five years, RI for five years, RI for five years, RI
                           for three years, RI for one year and RI for one year under each count with fine
                           of Rs.1000/-, 1000/-, 1000/-, Rs.500/-, Rs.500/- and Rs.500/- under each count
                           with default stipulation.
                                 Counsel for the appellant submits that appellant has already undergone
                           the sentence of more than 50% of the jail sentence awarded to him.           He

                           has relied upon the decision rendered             by the     Division Bench in the
                           case of Sanjay vs. State of Madhya Pradesh (Criminal Appeal No.104 of
                           2015 dated 17.01.2022) wherein the Court after relying on the judgment
                           passed by the Apex Court in the case of Thana Singh vs. Central Bureau of
                           Narcotics passed in Civil Appeal No.1640/2010 dated 30.08.2010 held that
                           if the period of custody has been undergone by the accused for more than 50%
                           of the sentence i.e. awarded then the application for suspension of sentence
Signature Not Verified
Signed by: VARGHESE
MATHEW
Signing time: 01-04-2023
17:28:26
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                           may be considered on the said ground. The appellant has already undergone
                           more than half of the jail sentence and the hearing of the appeal is likely to take
                           time.
                                   Per contra, counsel for the respondent/State has opposed the application

and prays for its rejection.

After hearing counsel for the parties, the application IA No.1636/2023 is being allowed. It is directed that substantive jail sentence of appellant shall be suspended subject to depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of like amount to the satisfaction of trial

Court for his appearance before the Registry of this Court on 29.8.2023 and on all other subsequent dates as may be fixed by the Registry in this behalf.

Accordingly, application IA No.1636/2023 stands disposed of.

(VIJAY KUMAR SHUKLA) JUDGE

VM

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 01-04-2023 17:28:26