Ritesh Bharke vs The State Of Madhya Pradesh
2024 Latest Caselaw 5948 MP

Madhya Pradesh High Court

Ritesh Bharke vs The State Of Madhya Pradesh on 27 February, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                          CRA No. 2622 of 2024
                                           (RITESH BHARKE AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 27-02-2024
                                  Shri Saurabh Shrivastava - Advocate for the appellants.

                                  Shri Ajit Rawat - Government Advocate for respondent/State.

1. Heard on admission.

2. Appeal is admitted for hearing.

3. Appellants have filed I.A. No.5019/2024 an application under Section

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

4. Appellants have been convicted under Section 414 of the IPC and sentenced to undergo R.I. for three years with fine of Rs.1000/-, with default stipulations.

5. It is submitted by learned counsel for the appellants that appellants are on bail till 14.03.2024. There is no likelihood of hearing of appeal in near future. Trial Court has committed an error in convicting the appellants. Considering the fixed short term of sentence, they may be released on bail and sentence may be suspended.

6. Learned Government Advocate opposed the application for suspension of sentence.

7. Heard the counsel for the parties.

8. 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.

9. Considering the aforesaid judgment passed by Apex Court and short

term of sentence, I.A. No.5019/2024 for suspension of sentence is allowed.

10. It is hereby directed that the custodial sentence awarded to the appellants shall remain suspended during the pendency of this appeal and on deposit of fine amount, if already not deposited, appellants shall be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with one solvent surety bond each of the like amount to the satisfaction of the trial Court, for their appearance before the Registry of this Court on 07.04.2024 and on other dates as may be fixed in this regard till final disposal of this appeal.

11. List the appeal for final hearing in due course.

12. C.C. as per rules.

(VISHAL DHAGAT) JUDGE

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