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M. M. SUNDRESH, ARAVIND KUMAR
Shyam – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
1. Leave granted.
2 It is not in dispute that all the other co-accused have been granted suspension of their sentence. The appellant has already spent a considerable amount of incarceration out of the imposed sentence of four years. The appeal before the High Court is of the year 2023 and, therefore, it might take some more time for its disposal.
3. Considering the above facts and circumstances, we are inclined to set aside the impugned order and suspend the sentence of the appellant till the disposal of the criminal appeal by the High Court.
4. Accordingly, the impugned order is set aside and the appellant is granted bail by suspending the sentence, subject to the terms and conditions that may be imposed by the Trial Court as it deems fit for the aforesaid purpose.
5. The appeal is allowed accordingly.
6. Pending application(s), if any, shall stand disposed of.
The court may suspend a sentence pending appeal if the appellant has served a significant portion of the sentence and other co-accused have been granted suspension.
The court may suspend a sentence pending appeal based on the appellant's conduct and circumstances surrounding the case.
The right to bail may be granted when an appellant has served a substantial time in custody and exhibits lesser culpability than co-accused already released.
The High Court's denial of suspension of sentence was unjustified given the appellant's lengthy imprisonment and the need for timely appeal consideration.
The court determines that bail should be granted pending appeal where there is a considerable delay in proceedings and the sentenced term is not life imprisonment.
The court suspended the appellant's sentence and granted bail due to the lengthy delay in appeal proceedings and the time already served.
The principle that suspension of sentence and bail should be granted in cases of fixed term sentences when appeals are unlikely to be heard before the completion of the sentence.
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