Bhagwat vs The State Of Madhya Pradesh
2024 Latest Caselaw 16483 MP

Madhya Pradesh High Court

Bhagwat vs The State Of Madhya Pradesh on 31 May, 2024

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 6489 of 2024
                                           (BHAGWAT AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 31-05-2024
                                 Appellants by Shri Narendra Sisodiya - Advocate.

                                 Respondent - State of Madhya Pradesh by Shri Chetan Joshi -

Advocate appearing on behalf of Advocate General.

Heard on I.A. No.8643 of 2024, first application under Section 389 (1) o f Code of Criminal Procedure, 1973 for grant of bail and suspension of

remaining jail sentence filed on behalf of appellant No.1 Bhagwat S/o Ramprasad Gurjar and appellant No.2 Ramprasad S/o Amar Singh Gurjar.

Vide judgment and order dated 09.05.2024 passed in Sessions Trial No.230 of 2018 by learned Sessions Judge, Rajgarh-Biaora, the appellants stand convicted under Section 435 of Indian Penal Code, 1908 and have been sentenced to undergo two years rigorous imprisonment with fine of Rs.5,000/- with usual default stipulation.

As per prosecution story, the appellants have set ablaze wooden article, chaff etc. of complainant Mohan Gurjar and causing loss of Rs.5,000/-.

Learned counsel for the appellants submits that the appellant have been awarded short sentence of only two years, which has already been suspended by the trial Court. They have no criminal antecedents and disposal of this appeal may take sufficient long time. There is a strong case in favour of the appellants. Hence, the execution of the remaining part of the jail sentence of the appellant s be suspended till the final disposal of this appeal.

P er contra, learned counsel appearing on behalf of respondent / State opposes the application for suspension of sentence and prays for its rejection.

Hence, they are not entitled to grant benefit of suspension of sentence.

Looking to the short sentence, no criminal antecedents are on record as well as the facts and circumstances of the case and also taking note of the fact that jail sentence of the appellants has already been suspended by the trial Court itself and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I deem it proper to suspend the remaining custodial sentence of the appellants.

Accordingly, I.A.No.8643 of 2024 is allowed and it is directed that subject to deposit of fine amount, if not already deposited, and subject to furnishing personal bond by each of the appellants in the sum of Rs.50,000/-

(Rupees Seventy Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellants shall remain suspended and they be released on bail, till final disposal of this appeal.

T he appellants, after being enlarged on bail, shall mark their presence before the Registry of this Court on 10.07.2024 and on all such subsequent dates, which are fixed by the Registry in this behalf.

Let record of the trial Court be requisitioned.

Certified copy, as per rules.

(BINOD KUMAR DWIVEDI) JUDGE

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