Dinesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 17571 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                       CRA No. 2578 of 2020
                                            (DINESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-10-2023
                                  Shri Anurag Vyas, learned counsel for the appellant.

                                  Shri Ajay Raj Gupta, learned P.L for the respondent/State.

Heard on I.A No.15366/2023 which is third application under Section 389(1) of Cr.P.C for suspension of sentence filed on behalf of appellant No.1- Dinesh mainly on the ground that he has already undergone 50% of actual jail

sentence.

2.The appellant has been convicted under Section 392 of IPC and sentenced to undergo R.I for 10 years and fine of Rs.1000/- with default stipulation.

3.Counsel for the appellant submit that appellant has already undergone the sentence of more than five years out of ten years of imprisonment awarded to him. He has relied upon the decision rendered by the Division Bench in the case of Sanjay vs. State of Madhya Pradesh (Criminal Appeal No.104 of 2015 dated 17.01.2022) wherein the Court after relying on the judgment

passed by the Apex Court in the case of Thana Singh vs. Central Bureau of Narcotics passed in Civil Appeal No.1640/2010 dated 30.08.2010 held that if the period of custody has been undergone by the accused for more than 50% of the sentence i.e. Awarded then the application for suspension of sentence may be considered on the said ground. The appellant has already undergone more than half of the jail sentence.

4 . Per contra, counsel for the respondent/State has opposed the

Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 19-10-2023 17:03:14

application on the ground that there are 10 criminal cases of almost similar nature registered against the appellant.

5. After hearing counsel for the parties and taking into consideration that the appellant has undergone 50% actual jail sentence and the law laid down in the cases of Sanjay and Thana Singh(supra), the applications I.A.No.15366/2023 is allowed. It is directed that substantive jail sentence of appellant Dinesh shall remain suspended subject to depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand) with one solvent surety of like amount to the satisfaction of trial Court for his appearance before the Registry of this Court

on 22.11.2023 and on all other subsequent dates as may be fixed by the Registry in this behalf with the following further conditions :

(i) that appellant shall not commit any offence during the period of suspension of sentence and if they indulge in any offence, the respondent may file an application for cancellation of suspension of sentence.

(ii) during the period of suspension of sentence and bail, the appellants shall mark his presence before the concerned police station on every 15th day of the month.

Certified copy, as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

Pramod

Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 19-10-2023 17:03:14