Mahendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 17946 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 4795 of 2020 (MAHENDRA Vs THE STATE OF MADHYA PRADESH)

Dated : 27-10-2023 Shri Manish Mishra - Advocate for the appellant.

Shri Anoop Sonkar - Panel Lawyer for the State.

Heard on I.A.No.23494/2023 which is second application under Section 389 (1) CrPC for suspension of custodial sentence of the appellant Mahendra. First application has been dismissed on merits vide order dated 18.01.2021.

Appellant has been convicted under Section 363, 366A and 370(4) of IPC and sentenced to undergo RI for three years with fine Rs.500/-; RI for three years with fine Rs.500/- and RI for ten years with fine Rs.1000/- for respective offences with default stipulation vide impugned judgment dated 22.01.2020 passed in ST No.15/18 by ASJ, Deori, District Sagar.

It is submitted by the counsel for the appellant that the appellant is in jail since 25.01.2018. It is further submitted that appeal is of the year 2020 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.

Considering overall facts and circumstances of the case as well as the period of custody but without commenting on merits of the case, I.A.No.23494/2023 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 Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/28/2023 11:22:30 AM

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: 10/28/2023 11:22:30 AM