Mangalsingh @ Aashish vs The State Of Madhya Pradesh
2023 Latest Caselaw 3660 MP

                                                     1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                            AT INDORE
                                             CRA No. 11007 of 2019
                           (MANGALSINGH @ AASHISH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                Dated : 01-03-2023
                         Shri Devendra Singh, learned counsel for the appellant.

                         Shri Hitendra Tripath, learned Dy. Govt. Advocate for the
               respondent/State.

Heard on I.A.No.2059/2023, which is the third repeat application filed under Section 389(1) of the Cr.P.C. for suspension of jail sentence of the

appellant-Mangalsingh @ Ashish.

The appellant has been convicted vide judgment dated 30.11.2019 passed i n S.C.No.15/2013 by the Special Judge (SC/ST Act), Ratlam for offence punishable under Sections 307, 294 of IPC, Sections 3(1)(x) of SC/ST (PA) Act, and sentenced to undergo 10 yrs, 1 year R.I.with fine of Rs.10,000/-, 1000/- and Rs. 2,000/- with usual default stipulations.

Appellant's first application-I.A.No.7121/2020 was allowed temporarily for a period of 10 days on the ground of death of his father; his second application-I.A.No.5890/2022 was dismissed as withdrawn on 27.06.2022 with

liberty to renew the prayer after completion of half of the sentence awarded to the appellant.

Learned counsel for the appellant submitted that as per the incarceration report dated 15.10.2022, received from Circle Jail, Ratlam, the appellant has completed 5 years of jail sentence awarded to him and as of now it is already 4

Signature Notmonths Verified from the date of the said report. It is further submitted that as the Signed by: SUMATHI JAGADEESAN appellant has completed half of the jail sentence awarded to him and the final Signing time: 3/1/2023 5:26:15 PM

disposal of the appeal is likely to take a long time, the application be allowed and the jail sentence of the appellant be suspended.

Counsel for the respondent/State has opposed the prayer. On considering the aforesaid submissions, on perusal of the record, it is apparent that the appellant has already completed more than half of the sentence awarded to him and final disposal of this appeal is likely to take sufficient long time, this Court finds it expedient to allow the application for suspension of sentence of the appellant. Accordingly, the application I.A.No.2059/2023 is allowed.

It is directed that on furnishing a personal bond by the appellant in the

sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before concerned trial Court, the execution of the custodial part of the sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

The appellant after being enlarged on bail, shall mark his presence before the concerned trial Court on 12.05.2023 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

Certified copy, as per rules.

(SUBODH ABHYANKAR) JUDGE

sumathi

Signature Not Verified Signed by: SUMATHI JAGADEESAN Signing time: 3/1/2023 5:26:15 PM