Rakesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 5878 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                       CRA No. 1651 of 2020
                                            (RAKESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)



                           Dated : 11-04-2023
                             Shri Virendra Thakur - Advocate for the appellant.

                             Shri Kapil Mahant - PL for the respondent/state.

Heard on IA No.3392/2023, which is third application for grant of suspension of jail sentence on behalf of appellant no.2 Jabesh. The earlier application was dismissed as withdrawn with liberty to revive the

same after completion of half jail sentence.

The appellant has been convicted under section 395 of the IPC and sentenced to undergo 7 years RI with fine of Rs.2000/- with default stipulations. Learned counsel for the appellant submits that the appellant has already undergone 50% of the jail sentence and the hearing of the appeal is likely to take time.

It is further submitted that the co-accused Rakesh appellant no.1 has already been granted suspension by order dated 01.11.2022. From the possession of the applicant also only cash amount of Rs.11,000/- has been seized.

Learned counsel for the respondent/state supports the order of conviction and sentence.

Counsel for the appellant 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 Signature Not Verified Signed by: SOURABH YADAV Signing time: 11/04/2023 6:06:40 PM

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.

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.3392/2023 is being allowed.

It is directed that substantive jail sentence of appellant no.2 Jabesh 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 14.07.2023 and on all other subsequent dates as may be fixed by the Registry in this behalf. Accordingly, application IA No.3392/2023 stands disposed of. Certified copy, as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

Sourabh

Signature Not Verified Signed by: SOURABH YADAV Signing time: 11/04/2023 6:06:40 PM