Dilip vs The State Of Madhya Pradesh
2023 Latest Caselaw 15409 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      CRA No. 7776 of 2023
                                                 (DILIP Vs THE STATE OF MADHYA PRADESH)

                          Dated : 19-09-2023
                                Shri Jagdish Chand Dangi - Advocate for appellant Dilip S/o Shri

                          Ramchandra Bagari.
                                Shri Amit Rawal - Advocate for respondent - State of Madhya Pradesh.

Heard on the question of admission.

Appeal is admitted for final hearing.

Als o heard on I.A. No.8783 of 2023, which is an application under Section 389 (1) of Code of Criminal Procedure, 1973 for suspension of jail sentence of appellant Dilip Bagari S/o Shri Ramchandra Bagari.

Vide judgment dated 12.06.2023 passed by Additional Sessions Judge, Khachrod, District Ujjain (M.P.) in Sessions Trial No.100245 of 2015, the present appellant stands convicted under Section 363 read with Section 109 of Indian Penal Code, 1860 and sentenced to undergo five years Rigorous Imprisonment and to pay fine of Rs.5,000/- with default stipulation.

As per prosecution story, the overt act attributed to present appellant is

that he had given lift to victim Geeta on a motorcycle up to Ujjain Darwaza, but did not stop the motorcycle on the spot and rushed the vehicle negligently, due to which, accident occurred.

Learned counsel for the appellant submits that the appellant has fair chances of success in this appeal. There are omissions and contradictions in the statement of the witnesses. The present appellant is facing the agony of trial since 2015. This appeal is of the year 2023 and there is no likelihood of its final hearing in near future. The present appellant was on bail during trial and he Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 9/19/2023 5:28:02 PM

never misused the liberty. If the jail sentence of the appellant is not suspended, the application would become infructuous. He, therefore, prays for grant of suspension of jail sentence and to release appellant on bail.

On the other hand, the learned counsel for the respondent - State opposes the prayer and prays for rejection of the application.

In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the custodial sentence of the present appellant, looking to para 50 of the impugned judgment.

Accordingly, I.A. No.8783 of 2023 is allowed and it is directed that subject to deposit of fine amount with the trial Court, if already not deposited,

and on furnishing personal bond by appellant Dilip S/o Shri Ramchandra Bagari in the sum of Rs.50,000/- (Fifty Thousand) with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court, the execution of custodial part of the jail sentence of the appellant shall remain suspended till final disposal of this appeal. The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 19.12.2023 and on all such subsequent dates, which are fixed in this behalf.

Let the matter be listed for final hearing in due course. Certified copy, as per rules.

(VIVEK RUSIA) JUDGE

rcp

Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 9/19/2023 5:28:02 PM