Arjun vs The State Of Madhya Pradesh
2023 Latest Caselaw 1762 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                         CRA No. 1509 of 2023
                                                  (ARJUN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 31-01-2023
                                 Shri Mehul Verma, learned counsel for the appellant.

                                 Ms. Mamta Shandilya, learned G.A for the respondent/State.

Heard on I.A No.1345/2023, which is an application for condonation of delay.The appeal is barred by 55 days, the present appeal is against conviction and sentence.

Considering the same, the delay in filing the appeal is condoned. Accordingly, IA No. 1345/2023 is allowed. Also heard on the question of admission. Record be called.

Also heard on IA No.1344/2023, filed under Section 389 of Cr.P.C which is an application for suspension of sentence.

The appellant has been convicted and sentenced as under:-

fine if imprisonment Section Act Imprisonment deposited, in lieu of fine details 420 IPC 4 years R.I 1000/- 1 month R.I 409 IPC 4 years R.I 1000/- 1 month R.I 467 IPC 4 years R.I 1000/- 1 month R.I 468 IPC 4 years R.I 1000/- 1 month R.I 471 IPC 2 years R.I 1000/- 1 month R.I Counsel for the appellant submits that as per impugned judgment, the appellant has already remained in custody, during trial, for a period of 1046 days and after the conviction dated 30/9/2022, the appellant is in jail. Thus the appellant has already undergone actual jail sentence of 3 years and 3 months out of 4 years jail imprisonment. The appellant was also on bail during trial.

Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 31-01-2023 17:55:40

Counsel for the State opposes the prayer for grant of bail and prays for its rejection.

After hearing learned counsel for the parties, and considering the fact that the appellant has already undergone actual jail sentence of more than 3 years out of 4 years, I am of the view that the jail sentence of the appellant deserves to be suspended.

Accordingly, IA No.1344/2023 is allowed. The jail sentence of appellant is suspended upon his depositing the fine amount and on furnishing a bail bond of Rs.50,000/-(Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the trial court for his appearance before the Registry of this

court on 14.07.2023 and on subsequent dates as may be fixed in this behalf by the Registry.

With the aforesaid, I.A is allowed and disposed off. List the matter for admission along with record.

(VIJAY KUMAR SHUKLA) JUDGE

Pramod

Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 31-01-2023 17:55:40