Madhya Pradesh High Court

Atul Vishwakarma vs The State Of Madhya Pradesh on 1 May, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 782 of 2023
                                     (ATUL VISHWAKARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 01-05-2024
                                Shri Manish Datt - Sr. Advocate with Shri Nishank Pal Varma -

                          Advocate for the appellants.
                                Shri S. K. Rai - Govt. Advocate for respondent/State.

Appellants have filed repeat application I.A. No.10303/2024 under

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

2. Appellants have been convicted under Sections 420, 467, 468 and 471 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.3,000/-; R.I. for 5 years with fine of Rs.5,000/-; R.I. for 3 years with fine of Rs.3,000/-; and R.I. for 2 years with fine of Rs.2,000/- with default stipulations (Substantive sentences to run concurrently).

3 . It is submitted by learned Senior counsel for the appellants that appellants are in jail for one year and four months. It is submitted that sentence is for a short fixed term and there is no likelihood of hearing of appeal in near

future. In these circumstances, sentence may be suspended and appellants may be released on bail.

4. Learned Govt. Advocate appearing for the respondent/State opposed the application for suspension of sentence.

5. Heard the counsel for the parties.

6. Apex Court in case of Bhagwan Rama Shinde Gosai and others Vs. State of Gujarat, reported in (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.

7. Considering the aforesaid judgment passed by Apex Court and the fact that fixed term sentence has been imposed against the appellants, I.A. for suspension of sentence is allowed.

8. It is hereby directed that the custodial sentence awarded to appellants shall remain suspended during the pendency of this appeal and they shall be released on bail on their furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lakh Only) each with two solvent sureties in the like amount each to the satisfaction of the trial Court, for their appearance before the Registry of

this Court on 24.07.2024 and on other dates as may be fixed in this regard till final disposal of this appeal.

List the appeal for final hearing in due course.

C.C. as per rules.

(VISHAL DHAGAT) JUDGE

AD/