Madhya Pradesh High Court
Vinay Goswami vs The State Of Madhya Pradesh on 4 February, 2025
Author: Anuradha Shukla
Bench: Anuradha Shukla
1 CRA-5952-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5952 of 2022
(VINAY GOSWAMI Vs THE STATE OF MADHYA PRADESH )
Dated : 04-02-2025
Shri Kapil Duggal with Ms. Dhruvika Yadav - Advocates for
appellant.
Shri Pankaj Raj - Panel Lawyer for State.
Heard on I.A No.16317/2024 , which is sixth application under Section
389(1) of Cr.P.C for suspension of sentence and grant of bail moved on
behalf of appellant-Vinay Goswami.
The appellant has been convicted for the offence punishable under
Section 193 of IPC and sentenced to undergo R.I. for 3 years with fine of
Rs.1000/-, Section 406 of IPC and sentenced to undergo R.I. for 1 year with
fine of Rs.200/-, Section 409 of IPC and sentenced to undergo R.I. for 5
years with fine of Rs.2000/-, Section 420 of IPC and sentenced to undergo
R.I. for 5 years with fine of Rs.2000/-, Section 466 of IPC and sentenced to
undergo R.I. for 5 years with fine of Rs.2000/-, Section 467 of IPC and
sentenced to undergo R.I. for 5 years with fine of Rs.2000/- and Section 468
of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.2000/-,with
default stipulations for each, vide judgment of conviction and order of
sentence dated 20.12.2016 passed by 4th Additional Sessions Judge, Bhopal,
Madhya Pradesh, in ST No.1088/2016.
This sixth application for seeking suspension of sentence has been
argued solely on the ground of custodial period. It is submitted that appellant
2 CRA-5952-2022
is in custody for almost two and a half years against a maximum sentence of
five years awarded by the trial Court. It has also been argued that on account
of high pendency, this criminal appeal filed in the year 2022 may take
considerable time for decision and appellant is under genuine apprehension
that his appeal may be rendered infructuous by passage of time. Reliance has
been placed by appellant on the decision of Apex Court in the case of Abhay
Jaiswal Vs. State of Madhya Pradesh SLP(Criminal) No.14421/2024.
Learned counsel for State has opposed the application arguing that all
the earlier five applications were dismissed on merits, therefore, no question
of reconsideration arises.
Counsel for both the sides have been heard. In a reported case of
Bhagwam Rama Shinde Gosai and others Vs. State of Gujrat 1999 4 SCC
421 it was observed by the Hon'ble Apex Court:
"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. Of course, if
there is any statutory restriction against suspension of sentence it
is a different matter. Similarly, when the sentence is life
imprisonment the consideration for suspension of sentence could
be of a different approach. But if for any reason the sentence of a
limited duration cannot be suspended, every endevour should be
made to dispose of the appeal on merits more so when a motion
for expeditious hearing of the appeal is made in such cases.
Otherwise the very valuable right of appeal would be an exercise
in futility by efflux of time. When the appellate Court finds that
due to practical reasons such appeals cannot be disposed of
expeditiously the appellate Court must bestowed special concern
in the matter of suspending the sentence so as to make the appeal
right, meaningful and effective".
In the light of aforesaid decisions of Hon'ble Apex Court and the
possibility of appeal being heard in the near future being fairly remote, this
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repeat application under consideration is allowed.
It is directed that subject to depositing the fine amount, if not already
deposited, and on furnishing a personal bond in a sum of Rs.50,000/-
(Rupees Fifty Thousand only) with one solvent surety in the like amount to
the satisfaction of the trial Court concerned, the custodial sentence of the
appellant shall remain suspended and he shall be released on bail for
securing his presence before the trial Court concerned on 02.05.2025 and on
such other dates as may be fixed in this regard during pendency of this
appeal.
Accordingly, the aforesaid I.A. stands allowed and disposed of.
List this criminal appeal for final hearing in due course.
(ANURADHA SHUKLA)
JUDGE
NP
