Madhya Pradesh High Court

Govind vs The State Of Madhya Pradesh on 5 June, 2025

                                                              1                            CRA-3467-2023
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                      CRA No. 3467 of 2023
                                                (GOVIND Vs THE STATE OF MADHYA PRADESH )



                           Dated : 05-06-2025

Shri Ashish Gupta - Advocate for the appellant.

Shri Santosh Singh Thakur GA for the State.

Heard on IA No.7503/2025, which is an application for urgent hearing during summer vacation.

Considering the reasons assigned in the application, the IA is allowed.

The matter is taken up for hearing.

Appeal is admitted for final hearing.

Heard on I.A no. 3464/2023 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 395 read with 149 of IPC and sentenced to undergo 10 years R.I with fine of Rs.15,000/- with default stipulation vide judgment dated 05/07/2021 by learned 4th Additional Sessions Judge, Mhow, District - Indore in S.T.No 73/2018.

Learned counsel for the appellant submits that the appellant is in custody since 05/01/2018 till today. He has suffered jail sentence for more than seven years. He further submits that the appellant is an illiterate person and belongs to Bhil community, therefore, even appeal could not be filed within time. On the last date of hearing, the delay has been condoned. He prays that as the appellant has suffered more than half of the jail sentence,

2 CRA-3467-2023 the remaining jail sentence be suspended.

Learned counsel for the State opposed the prayer and prayed for dismissal of the application for suspension of sentence on the ground that the appellant has been convicted by the court after considering the material evidence available on record.

Without commenting upon the merits of the case, considering the period of custody that the appellant has already suffered jail sentence for more than seven years out of ten years jail sentence and there are bleak chances of disposal of appeal in near future, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly the I.A. No 3464/2023 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

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