Sagar vs The State Of Madhya Pradesh
2023 Latest Caselaw 579 MP

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    HIGH COURT OF MADHYA PRADESH AT INDORE
             CRIMINAL APPEAL NO.11999 OF 2022
                (Sagar vs The State of Madhya Pradesh)


Indore, Dated 10.01.2023
      Mr. Leelam Kumar Dohriya, learned counsel for the
appellant.
      Mrs.    Mamta        Shandilya,     learned      counsel    for   the
respondent/State.

_____________________________________________________ Heard on the point of admission.

The appeal is admitted for final hearing. Record has been received.

Also heard on IA No.16714/2022 which is first application under Section 389 of Criminal Procedure Code, 1973, filed on behalf of appellant Sagar S/o Rakesh Gupta who has been convicted by learned Additional Sessions Judge, Indore, in Session Trial No.329/2022 vide judgment dated 03.11.2022 and has been sentenced him as under:

              Conviction                            Sentence
     Section & Act   Imprisonment        Fine         Imprisonment in
                                        Amount          lieu of fine
      392, 34 IPC     04 years RI       Rs.2000/-       06 Months RI

Counsel for the appellant submits that appellant was on bail

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.11999 OF 2022 (Sagar vs The State of Madhya Pradesh)

during trial and he has not misused the liberty so granted to him. He also submits that appellant has already undergone the jail sentence of more than one year of RI out of four years RI. The fine amount has already been deposited by him and the final disposal of appeal is likely to take sufficient long time. Hence prays for suspension of sentence and grant of bail to the appellant.

Per contra, counsel for the respondent/State has opposed the application and prays for its rejection.

After hearing counsel for the parties and taking into consideration the short term jail sentence of appellant and the fact that he was on bail during trial and has not misused the liberty so extended to him and the final conclusion of trial would take sufficiently long time to conclude, accordingly the application IA No.16714/2022 is being allowed.

It is directed that substantive jail sentence of appellant Sagar S/o Rakesh Gupta 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

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.11999 OF 2022 (Sagar vs The State of Madhya Pradesh)

17.04.2023 and on all other subsequent dates as may be fixed by the Registry in this behalf. Accordingly, application IA No.16714/2022 stands disposed of.

List the appeal for final hearing in due course. Certified copy, as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

Arun/-

Digitally signed by ARUN NAIR Date: 2023.01.10 18:17:37 +05'30'

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.11999 OF 2022 (Sagar vs The State of Madhya Pradesh)