Bisansingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 17653 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                     CRA No. 6879 of 2023
                                        (BISANSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 20-10-2023
                                 Ms Sharmila Sharma - Advocate for the appellant.

                                 Shri Hemant Sharad Mungee - Government Advocate for the
                           respondents State.

Heard o n I.A.No.14962/2023, which is an application filed under Section 389 of Cr.P.C for suspension of jail sentence of appellant Kishan,

who has been convicted by the First Additional Sessions Judge, Alirajpur, District Alirajpur for the offence punishable under sections 307/34 of IPC and 323 of the IPC vide judgment dated 09.05.2023 passed in Sessions Trial No.46/2020 and has been sentenced to undergo five year and six months R.I. with fine of Rs.5,000/- and Rs.500 with default stipulation.

The application has been filed on the ground that out of the total period of jail sentence of five years and six months awarded to the appellant he has already undergone jail sentence of three years, four

months as on today.

Counsel for the appellant submits that the appellant has already suffered major jail sentence awarded to him and the hearing of the appeal is still likely to take a considerable period of time and, therefore, the jail sentence of the present appellant also deserves to be suspended.

Counsel for the respondent/State has opposed the application. I n view of the fact that the appellant has already undergone imprisonment for a period of more than three years and four months out of Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 20-10-2023 18:58:53

jail sentence of five years and six months awarded to him and the fact that t h e hearing of the appeal is likely to take time, in my opinion the circumstances as of now the appellant be released on bail. Consequently, application for suspension of custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the case, I.A.No.14962/2023 is allowed and it is directed that on furnishing a personal bond by appellant Kishan in the sum of Rs.1,00,000/- (Rupees One Lac) 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 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 18.12.2023 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

C. c. as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE

rashmi

Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 20-10-2023 18:58:53