Aashu Kha vs The State Of Madhya Pradesh
2023 Latest Caselaw 6323 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 4679 of 2023
                                          (AASHU KHA AND OTHERS Vs THE STATE OF MADHYA PRADESH)



                           Dated : 19-04-2023
                             Shri Sachin Parmar, learned counsel for the appellant.

                             Shri Santosh Singh Thakur, learned counsel for the respondent/state.

Heard on IA No.4730/2023, which is dispensing with certified copy. For the reasons stated in the application, the same is allowed. Heard.

Admit.

Also heard on IA No.5274/2023, which is first application for grant of suspension of jail sentence on behalf of appellants. The appellants have been convicted under section 323/34, 307/34 of IPC and sentenced to undergoe 6 months and 5 years RI respectively with fine of Rs.500, 1000/- with default stipulation. Learned counsel for the appellants submit that the appellants have already undergone jail sentence of two years and eight months and two years and five months respectively.

Learned Counsel for the appellant in support of his submissions, has placed reliance on the Division Bench judgment of this Court in the case of Sanjay vs. State of Madhya Pradesh (Criminal Appeal No.104 of 2015 dated 17.01.2022) wherein 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 undergone by the accused is more than 50% of the sentence i.e. awarded, then the application for suspension of sentence may be considered on the said ground. Signature Not Verified Signed by: SOURABH YADAV Signing time: 20/04/2023 10:11:17 AM

He has also placed reliance on the recent judgment passed by the Apex Court in the case of Mohammad Muslim @ Hussain vs. State (NCT of Delhi) [Criminal Appeal No. 943/2023, dtd. 28.03.2023], wherein, the Apex Court has taken into consideration the earlier judgments passed by the Apex Court in the case of State of M.P. vs. Kajad (2001) 7 SCC 673 and also the judgment passed in the case of Union of India vs. Ratan Malik (2009) 2 SCC 624 and thereafter enlarged the accused on bail on completion of 50% of the actual jail sentence.

After hearing learned counsel for the parties and taking into consideration the aforesaid judgments passed by the Apex Court, it would be appropriate to

suspend the jail sentence of the appellants. Accordingly, I.A No.5274 of 2023 filed on behalf of appellants is allowed. The appellants be enlarged on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety each of the same amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 28.08.2023 and thereafter, on such other subsequent dates as may be fixed in that behalf.

(VIJAY KUMAR SHUKLA) JUDGE

Sourabh

Signature Not Verified Signed by: SOURABH YADAV Signing time: 20/04/2023 10:11:17 AM