Pankaj vs The State Of Madhya Pradesh
2023 Latest Caselaw 139 MP

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                           IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                                               Criminal Appeal No.5321 of 2018
                                               Pankaj v/s The State of Madhya Pradesh
                          Indore, dated 03.01.2023
                                     Shri Akshat Pahadia, learned counsel for the appellant.
                                     Shri Amit Singh Sisodia, learned Government Advocate for the
                          respondent/State.

Heard on I.A. Nos.10340/2022 & 11452/2022, which are applications for early hearing.

On due consideration, applications are allowed and stands disposed off.

Also heard on I.A. No.14492/2022, which is third application under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of appellant Pankaj on account of period of custody.

The first application for suspension of jail sentence of appellant was dismissed as withdrawn vide order dated 31/7/2020 and the second application for suspension of jail sentence of appellant was rejected vide order dated 16/8/2021.

Vide judgment of conviction and sentence dated 12/6/2018 passed by the Third Additional Session Judge, Dhar in Special Sessions Trial No.149/2015, whereby the appellant was sentenced to undergo as under:-

                                        CONVICTION                                    SENTENCE
                           Section       Act       Imprisonment       Fine if deposited   Imprisonment in lieu of
                                                                          details                 fine
                            363 (2       IPC         7 years' R.I.       Rs.1,000/-           6 months' R.I.
                            count)
                            367 (2       IPC       10 years' R.I.        Rs.1,000/-           6 months' R.I.




Signature Not Verified
Signed by: VARSHA SINGH
Signing time: 1/4/2023
4:06:09 PM



                            count)
                            509 (2      IPC        3 years' R.I.     Rs.1,000/-      6 months' R.I.
                            count)

Learned counsel for the appellant submits that this appeal is of the year 2018 and it is not likely to come for final hearing in near future. The appellant has undergone almost five years of sentence. There is no minimum sentence under Section 367 of the IPC. He has not cause any damage to the complainants. There was no apprehension for them that this appellant tried to abduct them. Hence, the jail sentence of this appellant may be suspended.

Learned Government Advocate for the respondent/CBI opposes the application.

Heard.

Considering the facts and circumstances of the case and keeping the period of custody and role attributed to the appellant, I am of the considered opinion that the application for suspension of custodial sentence moved on behalf of the appellant deserved to be allowed.

Accordingly, I.A. No.14492/2022, is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by the appellant-Pankaj in the sum of Rs.50,000/- (Rupees Fifty Thousands Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal. The appellant after being enlarged on bail, shall mark his presence before the Registry of this Court on 13/03/2023 and on all such subsequent dates, as may be fixed

Signature Not Verified Signed by: VARSHA SINGH Signing time: 1/4/2023 4:06:09 PM

by the Registry of this Court in this regard.

Also, I.A. No.14492/2022 stands disposed off. Certified copy, as per rules.

(VIVEK RUSIA) JUDGE vs

Signature Not Verified Signed by: VARSHA SINGH Signing time: 1/4/2023 4:06:09 PM