Ghanshyam vs The State Of Madhya Pradesh
2023 Latest Caselaw 14119 MP

                                                               1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                       CRR No. 3227 of 2023
                                               (GHANSHYAM Vs THE STATE OF MADHYA PRADESH)

                           Dated : 28-08-2023
                                 Shri Akshay Bhonde - Advocate for applicant.

                                 Shri Rajesh Joshi - Government Advocate for respondent - State.

Heard on IA No.10907 of 2023, an application under Section 389 (1) of Code of Criminal Procedure, 1973 for suspension of sentence and grant of bail to applicant Ghanshyam S/o Shri Badrilal Rao

The present applicant has been convicted under Section 420 of Indian Penal Code, 1860 by learned Judicial Magistrate First Class, Jaora, District Ratlam (MP) in Criminal Case No.RCT/625/2017 vide judgment dated 04.03.2022 and sentenced to undergo rigorous imprisonment for two years with fine of Rs.2,000/-, which has also been affirmed by learned First Additional Sessions Judge to the Court of First Additional Sessions Judge, Jaora, District Ratlam (MP) in Criminal Appeal No.CRA/987/2022 vide judgment dated 14.07.2023.

Record of the concerned case is yet to be called, although order was

already passed earlier.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the alleged offence. He further submitted that final hearing of this revision is likely to take sufficient long time. It is further submitted that in the present case short sentence of two years rigorous imprisonment has been awarded to the applicant. Under these circumstances, looking to the short sentence, learned counsel prays that the application for suspension of sentence of the applicant be allowed. Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 29-08-2023 17:06:19

Learned Government Advocate appearing for respondent - State, on the other hand, has opposed the application and prays for its rejection.

Considering the facts and circumstances of the case, the arguments advanced by learned counsel for the parties and also looking to the fact that the matter is arguable and its final disposal will take sufficiently long time, this Court is of the view that the application for suspension of jail sentence filed on behalf of the applicant deserves to be allowed.

Accordingly, I.A.No. 10907 of 2023 is allowed and it is directed that subject to depositing the fine amount and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety

in the like amount to the satisfaction of the trial Court, the execution of jail sentence imposed against the applicant shall remain suspended, till the final disposal of this revision for his appearance before the Registry of this Court on 17.10.2023 and thereafter on all such subsequent dates, as may be fixed by the Registry in this regard.

Certified copy as per rules.

(PREM NARAYAN SINGH) JUDGE

rcp

Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 29-08-2023 17:06:19