Suka @ Suriya @ Suka vs The State Of Madhya Pradesh
2023 Latest Caselaw 3732 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 3164 of 2023
                                           (SUKA @ SURIYA @ SUKA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 02-03-2023
                                 Shri Vijay Sharma, learned counsel for the Appellant.

                                 Shri Kapil Mahant, learned Pl for respondent/State.

Heard on I.A. No.3113 of 2023, which is an application for exemption from filing certified copy of the impugned judgment. Appellant is already in custody since the date of judgment. Appellant has later on filed the certified

copy of the judgment.

Therefore, I.A. No. 3113/2023, application is disposed off being rendered infructuous.

Als o heard on I.A. No.3112 of 2023, which is an application under Section 389(1) of Cr.P.C. for suspension of remaining jail sentence and grant of bail on behalf of appellant Suka @ Suriya.

Appellant has been convicted under Section 304-A of IPC (two counts), Section 338 of IPC (three counts), Section 3/181 of Motor Vehicle Act and Section 146/196 of Motor Vehicle Act and has been sentenced to undergo 2

years R.I. with fine of Rs.4,000/-, 1 year R.I. with fine of Rs.2,000/-, with fine of Rs. 5,000/- and with fine of Rs. 2,000/- respectively with default stipulation.

Learned counsel for the appellant submits that appellant is an innocent person and he has been falsely implicated in this matter. During the trial appellant was on bail and he has not misused the liberty granted to him. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. There is a strong case in favour of the appellant. Hence, the execution of the remaining part of the jail sentence of the Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 02-03-2023 18:21:20

appellant be suspended till the final disposal of this appeal.

P e r contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection.

Considering all the facts and circumstances of the case, nature of the allegation leveled against the appellant and also taking note of the fact that appellant was on bail during the trial; there is no complaint that he has misused the liberty granted to him and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A. No. 3112 of 2023 is allowed and it is directed subject to deposit of fine amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court on 17/08/2023 and on all such subsequent dates, which are fixed in this behalf, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

Let record of the Court below be requisitioned. Certified copy as per rules.

(ANIL VERMA) JUDGE

Vatan

Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 02-03-2023 18:21:20