Anil S/o. Moti Lal Rathore v. State of Madhya Pradesh
2022-01-19
VIVEK RUSIA
body2022
DigiLaw.ai
JUDGMENT Vivek Rusia, J. - Heard on I.a. No.811/2022, first application for suspension of the jail sentence. The appellant stands convicted as under : Section & act. Imprisonment Fine amount Imprisonment in lieu of default of payment of fine 420 of the IPC 3 years RI 10,000/- Three months additional RI. 471 of the IPC 3 years RI 10,000/- Three months additional RI. Learned counsel for the appellant submits that the learned trial Court has not properly appreciated the evidence came on record and material omissions and contradictions have been overlooked. Imprisonment for 3-3 years is on the higher side and disproportionate to the alleged crime. The appeal is likely to take a considerable time for its final hearing and if his custodial sentence is not suspended, the application may be rendered infructuous. He, therefore, prayed that the custodial sentence of the appellant be suspended and he be released on bail. On the other hand, the learned Panel advocate appearing for the respondent/State prays for rejection of the application. In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the custodial sentence of the appellant. Accordingly, I.a. No.811/2022 is allowed and it is directed that subject to deposit of fine amount, if already not deposited, with the trial Court and on furnishing personal bond by the appellant in the sum of Rs.40,000/- (Forty Thousand only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court, the execution of custodial part of the sentence of the appellant shall remain suspended till final disposal of this appeal. The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 21.09.2022 and on all such subsequent dates, which are fixed in this behalf. Record of court below be requisitioned and list thereafter for admission. C.C. as per rules.