Sureshchandra vs The State Of Madhya Pradesh
2023 Latest Caselaw 6622 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 1521 of 2023
                                             (SURESHCHANDRA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 24-04-2023
                                 Shri Nilesh Dave - Advocate for appellant.

                                 Shri Gourav Rawat - Deputy Government Advocate for the
                          respondent/State.

Record of the trial Court has been received in the connected appeal. Heard on the question of admission.

The appeal is admitted for final hearing.

Also heard on I.A.No.1342/2023, which is first application under Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the sole appellant.

Appellant stands convicted vide judgment dated 17/01/2023 passed in S.T.No.1000076/2012 by I Additional Sessions Judge, West Nimar, Mandleshwar (M.P.) under Sections 409, 465, 471 and 477-A of Indian Penal Code, 1860 and has been sentenced to undergo 04 years RI with fine of Rs.30,000/-, 02 years RI with fine of Rs.1,000/-, 02 years RI with fine of

Rs.1,000/- and 02 years years RI with fine of Rs.1,000/- respectively with usual default stipulation.

Learned counsel for the appellant submits that appellant is an innocent person and he has been falsely implicated in this matter. During the trial appellant was on bail and he has not misused the liberty granted to him. There are material contradictions and omissions in the statement of the witnesses. Jail sentence of co-accused Arvind has been suspended by this Court vide order dated 06/04/2023 passed in Criminal Appeal No.1731/2023 in the similar Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 4/25/2023 10:42:18 AM

circumstances. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. There is a strong case in favour of the appellant. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

Per contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that appellant was on bail during the trial; there is no complaint that he has misused the liberty granted to him; jail sentence of co-accused Arvind has been

suspended by this Court in similar circumstances and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I deem it proper to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No.1342/2023 is allowed and it is directed subject to deposit of fine any amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with separate solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 28/11/2023 and on all such subsequent dates, which are fixed in this behalf.

Registry is directed to list the appeal for final hearing in due course.

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 4/25/2023 10:42:18 AM

Certified copy as per rules.

(ANIL VERMA) JUDGE Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 4/25/2023 10:42:18 AM