Bhoopendra Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 4678 MP

Madhya Pradesh High Court

Bhoopendra Singh vs The State Of Madhya Pradesh on 17 February, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 1911 of 2024 (BHOOPENDRA SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 17-02-2024 Shri Arnav Tiwari - Advocate for appellants.

Shri Y.D. Yadav - Govt. Adv. for the State.

Heard on admission.

Appeal is admitted for final hearing.

Appellants have filed I.A. No.3996/2024 an application under Section

389 (1) of Code of Criminal Procedure for suspension of jail sentence.

Appellants have been convicted for offences under Sections 420, 468 and 471 of the IPC and sentenced to undergo for maximum period of R.I. for four years with total fine of Rs.1500/- along with default stipulations.

It is submitted by learned counsel for the appellants that appellants are in jail and there is no likelihood of hearing of appeal in near future. Trial Court has committed an error in convicting the appellants. Considering the same, application for suspension of sentence may be allowed.

Learned Govt. Advocate for the State opposed the application.

Heard learned counsel for the parties.

Apex Court in case of Bhagwan Rama Shinde Gosai and others Vs. State of Gujarat - (1999) 4 SCC 421 has held that when a convicted person is sentenced to a fixed period of sentence and when he files an appeal under any statutory right, suspension of sentence can be considered by the appellate Court liberally unless there are exceptional circumstances.

Considering the aforesaid and the judgment passed by the Apex Court in case of Bhagwan Rama Shinde Gosai and others (supra) and fixed short term

of sentence, I.A. No.3996/2024 for suspension of sentence is allowed.

It is directed that the custodial sentence awarded to the appellants shall remain suspended during the pendency of this appeal subject to deposit of fine, if not already deposited and they shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with one solvent surety in the like amount to the satisfaction of the trial Court, for their appearance before the Registry of this Court on 29.04.2024 and on such other dates as may be fixed in this regard till final disposal of this appeal.

List for final hearing in due course.

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE

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