Sangram vs The State Of Madhya Pradesh
2023 Latest Caselaw 5726 MP

                                                                               1
                                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                                      AT INDORE
                                                                        CRA No. 1118 of 2020
                                                           (SANGRAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                            Dated : 10-04-2023
                                                  Shri Manu Maheshwari, learned counsel for the appellants.

                                                  Shri Surendra Gupta, learned Govt. Advocate for respondent/State.

Heard on IA No. 4736/2023 which is an application for modification/clarification of order dated 14.03.2023 whereby the jail sentence of appellant No.1 Sangram was suspended, but however in the order, the name of

the appellant No. 1 is not mentioned.

Upon perusal of the IA and the order dated 14.03.2023, it is clear that the order was passed in respect of appellant No. 1 Sangram and, therefore, IA is allowed and it is directed that the jail sentence of the appellant No. 1 Sangram shall remain suspended upon depositing the fine amount, if not already deposited, and on furnishing bail bond of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial court for appearance of appellant No. 1 before the Registry of this Court on 28.8.2023 and on the subsequent dates as may be fixed in this behalf by the Registry.

Also heard on IA No.4288/2023 which is IV application for suspension of sentence on behalf of appellant No. 2 Rupesh on the ground of parity that the jail sentence of the appellant No. 1 Sangram has already been suspended by this Court on the ground of undergoing jail sentence more than 50%.

The appellant has been convicted u/S.392/34 and 392/120-B (1) of

Signature Not VerifiedDigitally signed by IPC and sentenced to undergo RI for 10 years in each count with fine of SAN SOUMYA RANJAN DALAI Date: 2023.04.11 10:32:28 IST Rs.25,000/- in 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 may be considered on the said ground. The appellant has already undergone more than half of the jail sentence. The final hearing of the appeal may take time.

Considering the aforesaid submissions, the IA No.4288/2023 is allo wed . The substantive jail sentence of the appellant No.2 Rupesh is suspended upon depositing the fine amount, if not already deposited, and on furnishing bail bond of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial court for appearance before the Registry of this Court on 28.8.2023 and on the subsequent dates as may be fixed in this behalf by the Registry.

As a consequence IA for urgent hearing i.e. IA No.4737/2023 also stands disposed off.

The order passed today shall be read conjointly with the order dated 14.03.2023.

CC as per rules.

Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN (VIJAY KUMAR SHUKLA) DALAI Date: 2023.04.11 JUDGE 10:32:28 IST

soumya

Signature Not Verified VerifiedDigitally Digitally signed by SAN SOUMYA RANJAN DALAI Date: 2023.04.11 10:32:28 IST