Ramesh @ Sukki Sahu vs The State Of Madhya Pradesh
2023 Latest Caselaw 17939 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 5156 of 2019 (RAMESH @ SUKKI SAHU Vs THE STATE OF MADHYA PRADESH)

Dated : 27-10-2023 Shri R.S.Patel - Advocate for the appellant.

Shri D.P.Patel - Deputy Government Advocate for the State.

Heard on I.A.No.25283/2023 which is second application under Section 389 (1) CrPC for suspension of custodial sentence of the appellant Ramesh @ Sukki Sahu. First application has been dismissed as withdrawn vide order dated

13.10.2022.

Appellant has been convicted under Section 394 of IPC and sentenced to undergo RI for ten years with fine Rs.1000/- with default stipulation vide impugned judgment dated 16.05.2019 passed in ST No.12/17 by ASJ, Pawai District Panna.

It is submitted by the counsel for the appellant that the appellant is in jail since 16.05.2019. Sentence of co-accused Dhirendra Kumar Nayak has already been suspended by this Court vide order dated 16.10.2023 in CRA No.5119/2019. It is further submitted that appeal is of the year 2019 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 by contending that the appellant has some more criminal cases registered against him which are of similar nature.

Considering overall facts and circumstances of the case; period of custody as well as the fact that appeal is of the year 2019 and there is no Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/28/2023 11:22:30 AM

likelihood of early hearing of the appeal in near future but without commenting on merits of the case, I.A.No.25283/2023 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.1,00,000/- (Rupees One Lakh) with two solvent sureties each in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 22.12.2023 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: 10/28/2023 11:22:30 AM