Madhya Pradesh High Court

Ganesh vs The State Of M. P. on 5 June, 2025

                                                               1                            CRA-5377-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                      CRA No. 5377 of 2025
                                                      (GANESH Vs THE STATE OF M. P. )



                           Dated : 05-06-2025
                                 Dr. Khuzema Kapadia - Advocate for the appellant.
                                 Shri K.K. Tiwari - Government Advocate for the respondent/State.

Heard on IA No.8243/2025, which is an application for urgent hearing during summer vacation.

Considering the reasons assigned in the application IA No.8243/2025

is allowed. The matter is taken up for hearing.

Heard on the question of admission.

Appeal is admitted for final hearing.

Record of the trial Court be requisitioned. Also heard on I.A. No.8186/2025, which is an application filed under Section 430 of BNSS, 2023 (Section 389(1) of Cr.P.C) for suspension of sentence on behalf of appellant.

The appellant has been convicted under Section 379 of IPC and sentenced to undergo 1 year R.I with fine of Rs.1,000/- with default

stipulation vide judgment dated 14.05.2025 by learned 16th Additional Sessions Judge, Indore in S.T.No.286/2016.

Learned counsel for the appellant submits that the jail sentence of the appellant has already been suspended by the trial Court till 13.06.2025. He further submitted that final hearing of this appeal is likely to take sufficient long time. Under these circumstances, looking to the short sentence, learned

2 CRA-5377-2025 counsel prays that the application for suspension of sentence of the appellant be allowed.

Learned counsel for the State opposed the prayer and prayed for dismissal of the application for suspension of sentence.

Considering the fact that jail sentence of the appellant has already been suspended by the trial Court and there are bleak chances of disposal of the appeal in near future, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly the I.A. No.8186/2025 is allowed. Subject to deposit of fine amount, if not already deposited the remaining jail sentence during the pendency of the appeal is hereby suspended and it is directed that appellant be released on bail upon furnishing personal bond in sum of Rs.50,000/-

(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the trial Court on 01.08.2025 and thereafter on all subsequent dates as may be directed by the Trial Court.

Accordingly, the I.A. stands allowed and disposed off. List this appeal for final hearing in due course.

(VINAY SARAF) V. JUDGE