Ritik vs The State Of Madhya Pradesh
2024 Latest Caselaw 14138 MP

Citation : 2024 Latest Caselaw 14138 MP
Judgement Date : 14 May, 2024

Madhya Pradesh High Court

Ritik vs The State Of Madhya Pradesh on 14 May, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 2344 of 2024 (RITIK Vs THE STATE OF MADHYA PRADESH)

Dated : 14-05-2024 Shri R.N. Dwivedi - Advocate for appellant.

Shri Akshay Namdeo - Govt. Advocate for the State.

Heard on admission.

Appeal is admitted for final hearing.

Record of the court below be called for.

Appellant has filed I.A. No.6778/2024 an application under Section 389 (1) of Code of Criminal Procedure for suspension of jail sentence.

Appellant has been convicted for offence punishable under Section 354 of the IPC and sentenced to undergo R.I. for two years with fine of Rs.2000/-, with default stipulations.

It is submitted by learned counsel for the appellant that appellant is in jail and there is no likelihood of hearing of appeal in near future. Trial Court has committed an error in convicting the appellant. 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. is allowed.

It is directed that the custodial sentence awarded to the appellant shall remain suspended during the pendency of this appeal subject to deposit of fine, if not already deposited and he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 06.08.2024 and on such other dates as may be fixed in this regard till final disposal of this appeal.

List this appeal for final hearing in due course.

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE