Pradeep Kumar vs The State Of Madhya Pradesh
2025 Latest Caselaw 3244 MP

Madhya Pradesh High Court

Pradeep Kumar vs The State Of Madhya Pradesh on 23 January, 2025

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                                 1                               CRA-3354-2023
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                         CRA No. 3354 of 2023
                                          (PRADEEP KUMAR AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 23-01-2025
                                 Shri Abhishek Rathore - Advocate for the appellant.

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

Heard on IA No.332/2025, which is fifth application for suspension of jail sentence filed on behalf of appellant Pradeep filed mainly on the ground that the appellant had undergone 50% of actual jail sentence.

The appellant has been convicted under Sections 120-B, 420/120-B, 471/120-B of IPC and sentenced to undergo R.I for 5 years, 5 years, 5 years and fine of Rs.1,00,000/-, Rs.1,00,000/-, Rs.1,00,000/- with default stipulation.

Alongwith the application the appellant has filed a certificate of the Superintendent, Central Jail, Ujjain which has certified that the appellant had undergone actual jail sentence of 2 years, 6 months & 5 days as on 28/11/2024.

Learned counsel for the appellant submits that the appellant has

undergone 50% actual jail sentence.

Counsel for the State opposes the prayer.

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.

2 CRA-3354-2023 Central Bureau of Narcotics passed in Civil Appeal No.1640/2010 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.

Considering the aforesaid submissions, the I.A No.332/2025 is allowed. The substantive jail sentence of the appellant Shiva is suspended upon his depositing Rs.25000/- out of Rs.1,00,000/- of the fine amount at the time of release and on furnishing bail bond of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial court for his appearance before the Registry of this Court on 22/4/2025 and on the subsequent dates as may be fixed in this behalf by the Registry.

The appellant shall further deposit the remaining fine amount of

Rs.75,000/- in 3 equal instalments within period of 3 months failing which the order of suspension of sentence shall be revoked.

(VIJAY KUMAR SHUKLA) JUDGE

PK