Sonu vs The State Of Madhya Pradesh
2024 Latest Caselaw 21507 MP

Madhya Pradesh High Court

Sonu vs The State Of Madhya Pradesh on 7 August, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                              1                                 CRA-3875-2018
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                       CRA No. 3875 of 2018
                                            (SONU AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 07-08-2024
                                   Shri Santosh Kumar Meena, learned counsel for the appellant.
                                   Shri Santosh Singh Thakur, learned Public Prosecutor for the
                           respondent/State.

Heard on I.A No.8710/2024 , which is sixth application under Section 389 of Cr.P.C for grant of suspension of sentence filed on behalf of appellant

Sonu.

2. The appellant has been convicted under Sections 363, 366, 376(2) (dha) of IPC and Section 5L/6 of POCSO Act and sentenced to undergo R.I for 4 months, 5 years, 15 years respectively with fine of Rs.1000/-, Rs.1000/- , Rs.2000/- respectively with default stipulation.

3. The present application is filed mainly on the ground that the appellant has undergone actual jail sentence of more than 8 years, 2 months & 4 days as on 11/7/2024. Counsel for the appellant has produced a jail certificate issued by Jail Superintendent, Central Jail, Ujjain. It is argued that

the appellant has already undergone more than 50% of the jail sentence 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

2 CRA-3875-2018 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.

4. The aforesaid fact is not disputed by the counsel for the State.

5. After hearing learned counsel for the parties and also the fact that the appellant has undergone more than 50% of the actual jail sentence, we are of the opinion that the present application deserves to be allowed.

6. Accordingly, I.A No.8710/2024 is allowed. It is directed that substantive jail sentence of appellant Sonu shall be suspended subject to depositing the 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 of like amount to the satisfaction of trial Court for his

appearance before the Registry of this Court on 25.10.2024 and on all other subsequent dates as may be fixed by the Registry in this behalf.

7. With the aforesaid, I.A No.8710/2024 stands disposed off.

8. Appeal is already admitted.

9. List in due course.

                                (VIJAY KUMAR SHUKLA)                                  (HIRDESH)
                                        JUDGE                                           JUDGE


                           PK