Radheshyam vs The State Of Madhya Pradesh
2023 Latest Caselaw 5958 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 4570 of 2021
                                               (RADHESHYAM Vs THE STATE OF MADHYA PRADESH)

                          Dated : 12-04-2023
                                 Shri Khuzema Kapadia, learned counsel for the appellant.

                                 Ms. Bhagyashree Gupta appearing on behalf of Advocate General/State.

                            Heard on IA No.2493/2022 which is second application under Section 389 of
                          Criminal Procedure Code, 1973, filed on behalf of appellant â€" Radheshyam,
                          who has been convicted by learned First Additional Special Judge, Dr.

                          Ambedkar Nagar, Indore in Session Trial No.1013/2015 vide judgment dated
                          09.05.2018 u/S 307 and 323/34 of IPC and sentenced to undergo 10 years and
                          01 year RI with fine of Rs.1000/- with default stipulation respectivley.
                              Counsel for the appellant submits that earlier application was dimsissed as
                          wihdrawn on 15.06.2022 with liberty to revive after undergoing 50% of the
                          actual jail sentence. It is further submitted that the appellant has already
                          undergone the sentence of more than 50% out of ten years of imprisonment
                          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.
                            Per contra, counsel for the respondent/State has opposed the application and

prays for its rejection.

Signature Not Verified Signed by: AMIT KUMAR Signing time: 4/13/2023 4:41:36 PM

After hearing counsel for the parties, the application IA No.2493/2022 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 03.08.2023 and on all other subsequent dates as may be fixed by the Registry in this behalf. Accordingly, application IA No.2493/2022 stands disposed of. Certified copy, as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

amit

Signature Not Verified Signed by: AMIT KUMAR Signing time: 4/13/2023 4:41:36 PM