Arjun Mujalda vs The State Of Madhya Pradesh
2023 Latest Caselaw 140 MP

                                                                  -1-


                           IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                                                  Criminal Appeal No.5914 of 2020
                                            Arjun Mujalda v/s The State of Madhya Pradesh
                          Indore, dated 03.01.2023
                                       Shri Khuzema Kapadia, learned counsel for the appellant.
                                       Shri Vikram Dubey, learned counsel for the respondent/CBI.

Heard on the question of admission.

The appeal is admitted for final hearing. Also heard on I.A. No.8088/2020, which is first 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 Arjun Mujalda.

Vide judgment of conviction and sentence dated 30/09/2019 passed by the Special Judge, CBI, in Special Sessions Trial No.03/2014, whereby the appellant was sentenced to undergo as under:-

                                          CONVICTION                                    SENTENCE
                           Section         Act       Imprisonment       Fine if deposited   Imprisonment in lieu of
                                                                            details                 fine
                             409          IPC          7 years' R.I.       Rs.7,000/-           6 months' R.I.
                             420          IPC          2 years' R.I.       Rs.1,000/-           1 months' R.I.
                             467          IPC          4 years' R.I.       Rs.2,000/-           2 months' R.I.
                             468          IPC          3 years' R.I.       Rs.2,000/-           2 months' R.I.
                             471          IPC          4 years' R.I.       Rs.2,000/-           2 months' R.I.
                            477-A         IPC          5 years' R.I.       Rs.3,000/-           3 months' R.I.
                          13(2) r/w      PC Act        7 years' R.I.       Rs.7,000/-           6 months' R.I.
                          Sec 13 (1)
                             (C)

Learned counsel for the appellant submits that out of maximum sentence of seven years he has undergone five years of jail sentence. All the sentences have been directed to run concurrently. Therefore for remaining offence he has already undergone the sentence. The appeal is

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

not likely to be heard finally by that time, he would complete the entire jail sentence. Hence, the jail sentence of this appellant may be suspended.

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

Considering the facts and circumstances of the case, we are 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.8088/2020, is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by the appellant-Arjun Mujalda 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 by the Registry of this Court in this regard.

Also, I.A. No.8088/2020 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