Sonu vs The State Of Madhya Pradesh
2023 Latest Caselaw 1252 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                      CRA No. 1449 of 2013
                                                 (SONU Vs THE STATE OF MADHYA PRADESH)

                           Dated : 20-01-2023
                                 Shri Avinash Sirpurkar Senior Advocate with Shri Yogesh Gupta -

                           Advocate for the appellant.
                                 Shri Ranjeet Sen - Government Advocate for respondent/State.

Heard on IA No. 148/2023, which is ninth application for suspension of sentence under Section 389 of Cr.P.C on behalf of appellant Sonu. His eighth

application was dismissed in default and earlier applications were dismissed as withdrawn.

Appellant has been convicted for the offence punishable under Section 341, 148, and 302 of IPC and sentenced to undergo 1 months SI, 1 year RI and life Imprisonment with fine of Rs. 5000/- with default stipulation vide judgment delivered by ASJ & Special Judge Indore in S.T. No. 1183/2012 vide judgment dated 29/08/2013.

Counsel for the appellant submits that earlier this appeal was listed for final hearing but the same has been dropped from the list. Counsel for the

present appellant was ready to argue the appeal finally but counsel for other accused persons were not ready to argue the matter. He submits that as and when this appeal will come up for hearing, he will argue. Hence jail sentence of appellant may be ordered to be suspended.

P r a y e r is opposed by learned Government Advocate for the respondent/State stating that the appellant has rightly been convicted and no case for suspension of sentence is made out.

Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 20-01-2023 19:39:49

After having perused the impugned judgment, considering the fact that other co-accused persons have been granted bail, this appeal is of the year 2013, other old matters are also pending for hearing, knife was recovered from an open place and not from the possession of appellant, without expressing any opinion on the merits of the case, the application for suspension of jail sentence is allowed. It is directed that on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before this Court/Registry on 19.6.2023 and on all other subsequent dates, as may be fixed by the Registry in this behalf, the execution of substantial jail sentence imposed

on the appellant Sonu shall remain suspended, till the final disposal of this appeal.

C.C. as per rules.

                             (VIVEK RUSIA)                                                (ANIL VERMA)
                                 JUDGE                                                       JUDGE

                           BDJ




Signature Not Verified
Signed by: BHUVNESHWAR
DATT JOSHI
Signing time: 20-01-2023
19:39:49