Anil vs The State Of Madhya Pradesh
2023 Latest Caselaw 2276 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 589 of 2022
                                                   (ANIL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 08-02-2023
                                 Shri Sanjay Saini - Advocate for appellant.

                                 Shri Mukesh Sharma - GA for State.


                                 Heard on IA No.261/2023 which is second application under Section
                           389 of Criminal Procedure Code, 1973, filed on behalf of appellant â€" Anil
                           who has been convicted by learned XXVII Addl. Sessions Judge, Indore in ST

                           No.999/2011 vide judgment dated 30/12/2021 u/Ss.420, 408, 467, 468 and 471
                           of IPC and respectively sentenced to undergo RI for three years with fine of
                           Rs.500/-, RI for three years with fine of Rs.500/-, RI for five years with fine of
                           Rs.1000/-, RI for three years with fine of Rs.500/- and RI for three years with
                           fine of Rs.500/- with default stipulation.
                                 Counsel for the appellant submits that appellant has already undergone
                           the sentence of more than 50% of the jail sentence awarded to him. He has
                           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.
                                 Per contra, counsel for the respondent/State has opposed the application

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 09-02-2023 10:26:27

and prays for its rejection.

After hearing counsel for the parties, the application IA No.261/2023 is being allowed.

It is directed that substantive jail sentence of appellant â€" shall be suspended subject to depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees 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 22.07.2023 and on all other subsequent dates as may be fixed by the Registry in this behalf.

Accordingly, application IA No.261/2023 stands disposed of.

Certified copy, as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

VM

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 09-02-2023 10:26:27