Abhay Jaiswal vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 1133

DIPANKAR DATTA, SANDEEP MEHTA
Abhay Jaiswal – Appellant
Versus
State of Madhya Pradesh – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Nitin Saluja, AOR Mr. Harsh Gattani, Adv. Ms. Pranya Madan, Adv.

ORDER

1. Leave granted.

2. The High Court of Madhya Pradesh by the impugned judgment and order dated 31st July, 2024 [impugned order] has declined the appellant’s prayer for suspension of sentence under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 [BNSS].

3. In fact, the impugned order of the High Court rejects the second application for suspension of sentence despite the fact that the appellant was sentenced to imprisonment for 5 (five) years for offences committed under Sections 407, 420, 468, 471, 34 of the Indian Penal Code, 1860.

4. We have heard learned counsel appearing on behalf of the parties. We have noted that the appellant has been behind bars for more than 8 (eight) months.

5. The appellant has voiced a grievance that although he has an arguable case in his appeal, the appeal may not be heard at any time prior to his serving out the sentence having regard to the huge pendency of appeals before the High Court.

6. The appeal that the appellant has filed before the High Court is in exercise of his statutory right conferred by the BNSS. The maximum period for which the appellant can be imprisoned in terms of the sentence imposed by the trial court is 5 (five) y

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