Ashok @ Galiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 21415 MP

Madhya Pradesh High Court

Ashok @ Galiya vs The State Of Madhya Pradesh on 14 December, 2023

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                          CRA No. 8642 of 2022
                                              (ASHOK @ GALIYA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 14-12-2023
                                 Shri Santosh Kumar Meena, learned counsel for the appellant.

                                 Shri Tarun Pagare appearing on behalf of Advocate General.
                                 Heard on IA No.8405/2023, which is second application for suspension
                           of jail sentence on behalf of appellant Ashok.
                                 2. The appellant has been convicted under section 353, 333, 395, 397 of
                           IPC   and    sentenced    to    undergo    1,10,10,7 years     RI with fine of

                           Rs.500,500,500,500/-.
                                 3. Learned counsel for the appellant submits that the earlier application
                           for suspension of jail sentence was withdrawn on 26.09.2023 with liberty to
                           revive the same after undergoing actual 50% jail sentence. It is stated that the
                           appellant has already undergone 50% actual jail sentence. The jail sentence of
                           other co-convicts namely Umesh, Gokul and Mahesh have already been
                           suspended.
                                 4. He 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. The appellant has already undergone
                           more than half of the jail sentence.
Signature Not Verified
Signed by: SOURABH
YADAV
Signing time: 14-12-2023
16:47:53
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                                     5. Per contra, counsel for the respondent/State has opposed the

application.

6. After hearing counsel for the parties and taking into consideration that the appellant has undergone 50% actual jail sentence and the law laid down in the cases of Sanjay and Thana Singh (supra), the applications I.A.No.8405/2023 is allowed. It is directed that substantive jail sentence of appellant Ashok shall remain suspended subject to depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/- (Rs.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 9.1.2024 and on all other subsequent dates as may be fixed by the Registry.

Certified copy, as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

Sourabh