Nandram Gamad vs The State Of Madhya Pradesh
2023 Latest Caselaw 10496 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                         CRA No. 7849 of 2023
                                             (NANDRAM GAMAD Vs THE STATE OF MADHYA PRADESH)

                           Dated : 10-07-2023
                                 Shri Aayush Pandey, learned counsel for the appellant.

                                 Shri    Gaurav        Rawat,   learned   Government      Advocate    for   the
                           respondent/State.

Heard on the question of admission.

2. This appeal is admitted for final hearing.

3. Heard on I.A.No.9285/2023, an application under Section 389(1) of Code of Criminal Procedure, for suspension of sentence and grant of bail filed on behalf of appellant-NANDRAM GAMAD.

4. Appellant has been convicted under Sections 306 of IPC, 1860 and sentenced to undergo rigorous imprisonment for 5 years with fine of Rs.1,000/- with default stipulation.

5. Learned counsel for the appellant submits that the parents and brother of the deceased have not supported the prosecution case and the suicide note which has been left by the deceased has not been sent to hand writing expert

which has been observed by the trial court in para 51 of the impugned judgment. The appellant has been convicted only on the basis of CDR. The ingredients of Section 107 is also found missing in this case. He further submits that final hearing of this appeal is likely to take sufficient long time. Under these circumstances, learned counsel prays that the application for suspension of sentence of the appellant be allowed.

6. Learned counsel for the respondent/State on the other hand has opposed the application and prays for suspension of sentence and prays for its Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 11-07-2023 00:12:25

rejection.

7. Considering the facts and circumstances of the case, the arguments advanced by learned counsel for the parties as also on perusal of record and the period of jail incarceration of the appellant, I find it to be a fit case to suspend the remaining custodial sentence of the appellant, hence without commenting on the merits of the case, the application I.A.No.9285/2023 is allowed.

8. It is directed that subject to depositing the fine amount, if already not deposited, and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, the execution of jail sentence imposed against the

appellant shall remain suspended, till the final disposal of this appeal for his appearance before the Registry of this Court on 12.09.2023 and thereafter on all such subsequent dates, as may be fixed by the Registry in this regard.

9. List this appeal for final hearing in due course. Certified copy as per rules.

(PREM NARAYAN SINGH) JUDGE

Vindesh

Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 11-07-2023 00:12:25