Madhya Pradesh High Court
Ajay Alias Ajju vs The State Of Madhya Pradesh on 7 October, 2023
Author: Roopesh Chandra Varshney
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 1984 of 2023
(AJAY ALIAS AJJU Vs THE STATE OF MADHYA PRADESH)
Dated : 07-10-2023
Shri Akshansh Shrivastava - Advocate for the applicant.
Shri Dinesh Patel - Deputy Government Advocate for the State.
I.A.No.10099/2023 application under Section 5 of the Limitation Act is
taken up which is supported by affidavit of wife of the applicant.
Learned counsel for the State has formally opposed the application.
For the reasons mentioned in the application, the same is allowed and
delay in filing the revision is condoned. Accordingly, I.A.No.10099/2023 is
disposed of.
Heard on the point of admission.
Appeal being arguable is admitted for hearing.
Also heard on I.A.No.10100/2023 which is the first application under
Section 389(1) CrPC for suspension of custodial sentence filed on behalf of
sole appellant Ajay @ Ajju.
Applicant has been convicted under Section 457 and 380 IPC and
sentenced to undergo RI for 3 years for each offence with fine Rs.5,000/- for
each offence with default stipulation vide judgment dated 14.02.2022 passed in
CrA No.17/2017 by Second Additional Judge to the Court of First Additional
Sessions Judge, Seoni.
It is submitted by the counsel for the appellant that appellant is in jail
since14.02.2023. He has completed more than half of the sentence imposed
upon him. 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,
Signature Not Verified
Signed by: ANAND KRISHNA
SEN
Signing time: 10/7/2023
3:31:08 PM
sentenced of the appellant may be suspended.
Learned counsel for the State has opposed the application by submitting
that the applicant has 24 criminal cases to his credit, therefore, he is not entitled
for suspension of sentence and grant of bail.
Considering overall facts and circumstances of the case as well as
considering the period of custody and the fact that appeal is of the year 2023
and there is no likelihood of early hearing of the appeal in near future, however,
without touching merits of the matter, appellant is held entitled for suspension
of jail sentence and grant of bail.
Accordingly, I.A.No.10100/2023 stands allowed and it is directed that the
jail sentence of appellant-Ajay @ Ajju shall remained suspended and he be
released on bail on his furnishing a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand Only) with two solvent surety each in the like
amount to the satisfaction of the trial Court subject to verification of factum
regarding deposit of fine amount. Appellant is directed to appear before the trial
Court first on 18.12.2023 and on other subsequent dates as may be fixed in
this behalf.
It is made clear that the applicant shall not commit any offence similar to
the offence of which he is accused of, failing which this order shall
automatically come to an end.
List for final hearing in due course.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
anand
Signature Not Verified
Signed by: ANAND KRISHNA
SEN
Signing time: 10/7/2023
3:31:08 PM
