Santosh vs The State Of Madhya Pradesh
2023 Latest Caselaw 18249 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 525 of 2023 (SANTOSH Vs THE STATE OF MADHYA PRADESH)

Dated : 01-11-2023 Shri Ishan Soni - Advocate for the appellant.

Ms. Shanti Tiwari - Panel Lawyer for the State.

I.A.No.2556/2023 application for condonation of delay of 178 days in filing the appeal.

For the reasons mentioned in the application which is supported by

affidavit, I.A.No.2556/2023 is allowed and delay in filing the appeal is condoned.

Heard on admission.

Admit.

Let the record of the trial Court be requisitioned. Heard on I.A.No.2554/2023 which is first application under Section 389 (1) CrPC for suspension of custodial sentence of the appellant-Santosh.

Appellant has been convicted under Section 409 of IPC and sentenced to undergo RI for eight years with fine Rs.51,05,000/- with default stipulation vide

impugned judgment dated 12.05.2022 passed in ST No.113/2018 by 4th ASJ, Chhindwara M.P.

It is submitted by the counsel for the appellant that the appellant is in jail for more than five years. It is further submitted that appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentenced of the appellant may be suspended.

Learned counsel appearing for the State has supported the impugned judgment and opposed the application for suspension of sentence. Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 11/2/2023 11:04:10 AM

Considering overall facts and circumstances of the case; period of custody as well as the fact that appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future but without commenting on merits of the case, I.A.No.2554/2023 is allowed.

It is directed that on deposit of entire 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 in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 18.12.2023 and on all subsequent dates as may be fixed by the trial Court in that regard, the execution of substantial jail sentence imposed on appellant shall

remain suspended, till final disposal of this appeal.

Let the appeal be listed for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

anand

Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 11/2/2023 11:04:10 AM