Sudhish Halaiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 21939 MP

Madhya Pradesh High Court

Sudhish Halaiya vs The State Of Madhya Pradesh on 20 December, 2023

Author: Hirdesh

Bench: Hirdesh

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 14272 of 2023 (SUDHISH HALAIYA Vs THE STATE OF MADHYA PRADESH)

Dated : 20-12-2023 Shri Veer Bahadur - Advocate for the appellant.

Shri R.G.Verma - P.L. for the State.

Heard on admission.

The appeal is admitted for final hearing.

Considered I.A.No.26904/2023, which is first application u/s 389(1)

Cr.P.C. for suspension of sentence on behalf of appellant-Sudhish Halaiya.

Vide impugned judgment dated 31.10.2023 passed by Additional Sessions Judge, Goharganj, District Raisen in S.T.No.104/2022 the appellant has been convicted for offences under sections 420/34, 467 & 468 of IPC and sentenced to undergo R.I. for 02 years, 03 years & 02 years with fine of Rs.5,000/-, Rs.10,000/- & Rs.5,000/- respectively with default stipulations.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The appellant was on bail during trial and he has not misused the liberty. There are many contradictions

and omissions in the prosecution case. The trial Court without properly appreciating the oral and documentary evidence available on record erred in convicting the appellant on the basis of evidence of hand-writing expert. He further submitted that appellant very ill and is living on wheelchair. Final disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of appellant on mercy ground.

Learned Panel Lawyer has opposed the prayer for suspension of sentence.

Heard the learned counsel for the parties and perused the record. Considering the over all facts and circumstances of the case, paragraph 65 of the impugned judgment, appellant was on bail during trial, final disposal of the appeal would take time and medical health of appellant, and without commenting on merits of the case, the application is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that appellant-Sudhish Halaiya be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court with a

further direction to appear before concerned trial Court, on 20th of March, 2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

I.A.No.26904/2023 is allowed.

List this case for final hearing in due course.

(HIRDESH) JUDGE

RM