Shailendra Kumar Jain vs The State Of Madhya Pradesh
2025 Latest Caselaw 4977 MP

Madhya Pradesh High Court

Shailendra Kumar Jain vs The State Of Madhya Pradesh on 1 March, 2025

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                           1                                CRA-2428-2020
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                    CRA No. 2428 of 2020
                                      (SHAILENDRA KUMAR JAIN Vs THE STATE OF MADHYA PRADESH )



                         Dated : 01-03-2025
                               Shri Sankalp Kochar - learned counsel for the appellant.
                               Shri Madhur Shukla - learned counsel for the respondent/EOW.

Heard on IA No.13613/2023, which is repeat(fourth) application filed under Section 389(1) of Cr.P.C for suspension of jail sentence and grant of bail moved on behalf of appellant - Shailendra Kumar Jain.

Appellant has been convicted for commission of offence punishable under Sections 467/471, 468 and 420/120(B) of IPC and sentenced to undergo RI for 10 years, RI for 7 years and to pay fine of Rs.1,00,000/- for each offence respectively with usual default stipulation vide judgment dated 29/02/2020 passed by Special Judge (Prevention of Corruption Act, 1988), Bhopal in Special Case No. 03/2008.

First application for suspension of custodial sentence and grant of bail moved on behalf of appellant has been dismissed on merits vide order dated 06/11/2020; whereas other applications have been dismissed as withdrawn

vide orders dated 29/04/2022 and 06/04/2023 respectively.

Learned counsel for the appellant has reiterated the arguments advanced while arguing I.A. No. 4935/2020 decided on 06/11/2020, however, this time he is pressing the application on the ground of period of incarceration emphasizing the age of the appellant who is now 67 years of age. Learned counsel for the appellant has drawn attention of this Court on

2 CRA-2428-2020 the report received from Superintendent, Central Jail, Bhopal wherein it is stated that the appellant has completed more than 05 years incarceration (about 07 years with remission).

He has further submitted that there are fair chances of the success of this appeal and if the custodial sentence of the appellant is not suspended, then the purpose for filing this appeal will get frustrated. There is no likelihood of early hearing of this appeal in near future. In support of his contentions, learned counsel for the appellant has placed reliance on various decisions of Hon'ble Apex Court. Under these circumstances, learned counsel for the appellant prays for suspension of custodial sentence and grant of bail to the appellant Shailendra Kumar Jain.

Learned counsel for the respondent/EOW has opposed the application

by contending that after rejection of first application on merits vide order dated 06/11/2020 and after rejection of said application, there appears no change of circumstances, in which this repeat application can be considered.

We have heard learned counsel for the parties and perused the record. Considering the aforesaid facts and circumstances of the case coupled with the age of the appellant and period of incarceration completed by him, but without expressing any opinion on the merits of the case, IA No.13613/2023 is allowed.

It is directed that subject to depositing the entire fine amount, if not already deposited, the substantive jail sentence of appellant Shailendra Kumar Jain shall remain suspended till the final disposal of the appeal and he be released on bail, on furnishing personal bond in the sum of Rs.50,000/-

3 CRA-2428-2020 with one solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the concerned trial Court firstly on 21.04.2025 and on such other dates, as may be fixed by the said Court in this regard.

List the matter for final hearing in due course.

                         (SUSHRUT ARVIND DHARMADHIKARI)                     (DEVNARAYAN MISHRA)
                                   JUDGE                                           JUDGE
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