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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Amar Nath Kesharwani, J.
Mahesh – Appellant
Versus
State of Madhya Pradesh – Respondent
Criminal Appeal No. 12617 of 2022
Decided On : 29-12-2022
Section 389 - Bail - The court allowed the application for suspension of jail sentence and granted bail to the appellant based on the consideration of material contradictions and omissions in the statements of prosecution witnesses and the likelihood of a long final hearing.
Fact of the Case:
The appellant was convicted for offences under Section 147 r/w Section 149 and Section 148 r/w Section 149 of I.P.C. and sentenced to undergo jail time and fines. The appellant filed an application for suspension of sentence and grant of bail, citing material contradictions in prosecution witnesses' statements and the likelihood of a long final hearing.
Finding of the Court:
The court considered the arguments of both parties and concluded that the application for suspension of jail sentence filed on behalf of the appellant deserves to be allowed. The court granted bail to the appellant, subject to deposit of fine amount and furnishing personal bond with a surety.
Issues: The issues involved the consideration of material contradictions and omissions in the statements of prosecution witnesses, the appellant's conduct during trial, and the likelihood of a long final hearing.
Ratio Decidendi: The court's decision was influenced by the material contradictions and omissions in the statements of prosecution witnesses, the appellant's conduct during trial, and the likelihood of a long final hearing.
Final Decision: The court allowed the application for suspension of jail sentence and granted bail to the appellant, subject to certain conditions.
JUDGMENT
Amar Nath (Kesharwani), J. - Heard on I.A. 16995/2022 first applications under Section 389 (1) of Cr.P.C for suspension of sentence and grant of bail filed on behalf of the appellant Mahesh.
2. The appellant has been convicted for offence under Section 147 r/w Section 149 and Section 148 r/w Section 149 of I.P.C. and sentenced to undergo 1 year R.I., 1 year R.I. with fine of Rs.1,000/- and Rs. 2000 respectively with default stipulations vide judgment dated 29.11.2022 passed by Second Additional Sessions Judge Sonkaksh, District Dewas.
3. Learned counsel for the appellant has submitted appellant was on bail during the trial and he did not misuse the liberty so granted to him. There are material contradictions and omissions in the statements of the prosecution witnesses and the learned trial Court has convicted the appellants without considering the same. Jail sentence of the appellant was already suspended by the Trial Court for limited period. Final hearing of the appeals is likely to take a sufficient long time in near future. Under these circumstances, counsel prays for suspension of remaining jail sentence of appellant and grant of bail.
4. Learned Government Advocate for the respondent/State on the other hand, has opposed the bail applications and prays for its rejection.
5. Considering the aforesaid facts and circumstances of the case, the arguments advanced by learned counsel for the parties, this Court is of the considered opinion that the application for suspension of jail sentence filed on behalf of the appellant deserves to be allowed.
6. Accordingly, I.A. No.16995/2022 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.50,000/- (Rupees Fifty 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.
7. The appellant after being enlarged on bail he shall mark his presence before the Registry of this Court on 13.03.2023 and on all such subsequent dates, which are fixed in this behalf.
8. I.A. No.16996/2022 an application for urgent hearing during winter vacation is allowed and closed.
9. List for final hearing in due course.
C.C. as per rules.
The court has the discretion to suspend a jail sentence and grant bail based on the consideration of material contradictions in witness statements and the likelihood of a long final hearing.
The court has the discretion to suspend the jail sentence and grant bail to appellants pending appeal, considering the nature of the sentence and the likelihood of success in the appeal.
The court has the discretion to suspend a jail sentence based on the facts and circumstances of the case, and the likelihood of the final hearing of the appeal taking a sufficient long time.
The court may consider the short nature of the sentence, the delay in the appeal process, and the potential for success in the appeal as grounds for suspending the jail sentence and granting bail.
The court may exercise discretion to suspend a substantive sentence of imprisonment pending final disposal of an appeal, taking into account the detention period already served and the expected delay....
The court has the discretion to suspend the jail sentence of the appellants under Section 389(1) of Cr.P.C, considering the circumstances and conditions for the appellants' release on bail.
The court has the discretion to suspend a jail sentence under Section 389(1) of Cr.P.C based on the circumstances of the case, including the conduct of the appellant and the likelihood of the appeal ....
The court has the discretion to suspend the remaining jail sentence of appellants based on innocence, lack of misuse of bail during trial, and the likelihood of a lengthy final hearing of the appeal.
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