Raja vs The State Of Madhya Pradesh
2025 Latest Caselaw 4064 MP

Madhya Pradesh High Court

Raja vs The State Of Madhya Pradesh on 5 February, 2025

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                                1                           CRA-12060-2022
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                       CRA No. 12060 of 2022
                                                   (RAJA Vs THE STATE OF MADHYA PRADESH )



                           Dated : 05-02-2025
                                 Shri Suraj Sharma - Advocate for the appellant.

                                 Shri Mukesh Parwal - Public Prosecutor for the respondent/State.

Heard on I.A No.193/2025, which is second application under Section 389 of Cr.P.C for grant of suspension of sentence filed on behalf of appellant Raja mainly on the ground that the appellant has undergone 50% of

actual jail sentence.

2. The appellant has been convicted under Section 394 of IPC and sentenced to undergo R.I for 10 years with fine of Rs.1000/- with default stipulation.

3. The appellant has produced a certificate of the Superintendent of District Jail, Jhabua in which it has been certified that the appellant has undergone 50% of actual jail sentence.

4. Counsel for the appellant further submits that there is no criminal record of the appellant.

5. Counsel for the State supports the order of conviction and sentence.

6. Counsel for the appellant has relied upon the decision rendered by the Division Bench in the case of Sanjay vs. State of Madhya Pradesh (Criminal Appeal No.104 of 2015 dated 17.01.2022) wherein the Court after relying on the judgment passed by the Apex Court in the case of Th ana Singh vs. Central Bureau of Narcotics passed in Civil Appeal No.1640/2010

2 CRA-12060-2022 dated 30.08.2010 held that if the period of custody has been undergone by the accused for more than 50% of the sentence i.e. awarded then the application for suspension of sentence may be considered on the said ground.

7. After hearing learned counsel for the parties, we are of the view that the appellant is entitled for grant of suspension of sentence. This order is subject to verification of the criminal record of the appellant by the trial Court.

8. Accordingly, I.A No.193/2025 is allowed. The jail sentence of appellant Raja is suspended upon his/her depositing the fine amount, if not already deposited, and on furnishing a bail bond of Rs.50,000/-(Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the trial court for his/her appearance before the Registry of this Court on

7/5/2025 and on subsequent dates as may be fixed in this behalf by the Registry.

9. With the aforesaid, I.A No.193/2025 is allowed and disposed off.

10. List the matter in due course.

CC as per rules.

                                (VIJAY KUMAR SHUKLA)                         (DUPPALA VENKATA RAMANA)
                                        JUDGE                                          JUDGE
                           PK