Shrikant Shukla@ Bhaiyan Shukla vs The State Of Madhya Pradesh
2024 Latest Caselaw 15339 MP

Madhya Pradesh High Court

Shrikant Shukla@ Bhaiyan Shukla vs The State Of Madhya Pradesh on 22 May, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                               1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                       CRA No. 1837 of 2024
                                     (SHRIKANT SHUKLA@ BHAIYAN SHUKLA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 22-05-2024
                                  Shri D. K. Dwivedi - Advocate for the appellant.

                                  Shri Santosh Yadav - Govt. Advocate for respondent/State.

Appellant has filed I.A. No.3148/2024 an application under Section 389(1) of Code of Criminal Procedure for suspension of jail sentence against judgment of conviction and sentence 27.01.2024, passed by the learned

Sessions Judge, Satna, in Sessions Trial No.03/2020.

2 . Appellant has been convicted under Sections 392 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.1,000/- with default stipulations.

3. It is submitted by learned counsel for the appellant that appellant is in jail since last six months. Sentence is for period of 5 years. It is submitted that there is no criminal antecedents of appellant and there is no likelihood of hearing of appeal in near future. It is submitted that appeal may become infructuous with lapse of time. In these circumstances, sentence may be

suspended and appellant 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. Considering the aforesaid circumstances and the fact that fixed term sentence has been imposed against the appellant, I.A. for suspension of sentence is allowed.

7. It is hereby directed that the custodial sentence awarded to the

appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his depositing the entire amount of fine, if not already deposited, and furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety bond of the like amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 21.08.2024 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

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