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2023 DIGILAW 87 (MP)

Subhash Chandra v. State of Madhya Pradesh

2023-01-17

VIJAY KUMAR SHUKLA

body2023
JUDGMENT Vijay Kumar Shukla, J. - Heard on I.A No.970/2023, which is an application filed under Section 389(1) of Cr.P.C, for suspension of jail sentence moved on behalf of the appellant No.1 Subhash Chandra Patidar and appellant No.3 Shyam Chandra Patidar. 2. Appellant has been convicted for the offence punishable under Section 420 (three years for each)(30 counts), 467 (five years for each)(30 counts), 468 (three years for each)(30 counts), 469(two years for each)(30 counts), 471 (two years for each)(30 counts) read with Section 120-B(I) of IPC and fine of Rs. 500 for each offence in each counts is passed with a default sentence of three months imprisonment on each counts of offence. 3. Counsel for appellant submits that the appellant was on bail during the trial and he did not misuse the liberty granted to him. The final hearing of the appeal is likely to take time. In view of the aforesaid, his remaining custodial period be suspended. 4. Learned Public Prosecutor for the respondent-State has opposed the prayer. After hearing learned counsel for the parties and taking into consideration that the appellant was on bail during the trial and he did not misuse the liberty granted to him and the final hearing of the appeal is likely to take time, this Court is of the considered view that it is a fit case for suspension of the sentence and grant of bail to the appellant. Hence, without expressing any opinion on merits of the matter I.A.No.970/2023 is allowed and jail sentence of the appellant shall remain suspended. 5. It is directed that subject to depositing the fine amount, if already not deposited he shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) alongwith a solvent surety in the like amount to the satisfaction of the Trial Court, for his appearance before the Registry of this Court firstly on 24.04.2023 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal. 6. List alongwith CRA No. 11900/2022, CRA No.11836/2022, CRA 11965/2022, CRA No. 12535/2022 for analogous hearing.