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IN THE HIGH COURT OF MADHYA PRADESH
Sanjay Dwivedi, J.
Mansingh & Ors. – Appellants
Versus
State of Madhya Pradesh – Respondent
Criminal Appeal No. 12246 of 2022
Decided On : 22-12-2022
Suspension of Sentence - Bail - The court allowed the suspension of the remaining jail sentence of the appellants, directing their release on bail upon furnishing a personal bond and surety bond.
Fact of the Case:
The appellants were convicted for offenses under Section 324, Section 325, and Section 323 of the Indian Penal Code and were sentenced to imprisonment and fines.
Finding of the Court:
The court allowed the suspension of the remaining jail sentence and granted bail to the appellants, considering the maximum period of sentence and the fact that the appellants were already on bail.
Issues: The main issue was the consideration of the appellants' bail application and the suspension of their remaining jail sentence.
Ratio Decidendi: The court considered the period of sentence, the appellants' previous bail status, and the arguments presented by the counsel in allowing the suspension of the remaining jail sentence and granting bail.
Final Decision: The court allowed the suspension of the remaining jail sentence of the appellants and directed their release on bail upon furnishing a personal bond and surety bond.
JUDGMENT
Sanjay Dwivedi, J. - Record of the Session Trial SCATR No. 200117/2015, Sagar be called for.
2. Counsel for the appellants has moved I.A. No 24462/2022, which is the first application for suspension of sentence and grant of bail to the appellants-Mansingh and Premsingh.
3. Vide the impugned judgment, the appellants have been convicted for the offene punishable under Section 324 r/w Section 34 of IPC and sentenced thereunder to suffer R.I. for 1 year with a fine of Rs.1,000/-, Section 325 r/w Section 34 of IPC and sentenced thereunder to suffer R.I. for 1 year with a fine of Rs. 1,000/- and Section 323 r/w Section 34 (two count) with a fine of Rs. 500/- with default stipulation in each.
4. Learned counsel for the appellants submits that the maximum period of sentence awarded to the appellants is of one year. He submits that fine has been deposited. The appeal will take time to be heard finally, therefore, their bail application shall be considered and allowed.
5. Learned Panel Lawyer opposes the prayer for suspension of sentence and grant of bail saying that the charges in which the appellants have been convicted. They are not entitled to be released on bail.
6. Taking note of the fact that the period of sentence of the appellants is only one year and appellants were already on bail till 12.01.2023 but without commenting anything on merits, I.A. No.24462/2022 is allowed and remaining jail sentence of the appellants is hereby suspended.
7. It is directed that appellants-Mansingh and Premsingh shall be released on bail upon their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety bond to each of like amount to the satisfaction of trial Court concerned for their appearance before the Registry of this Court on 5.4.2023 and on such other dates as may be fixed by the office in this regard till disposal of this appeal.
Certified copy as per rules.
The court has the discretion to consider the period of sentence and previous bail status in allowing the suspension of remaining jail sentence and granting bail.
The court has the discretion to suspend the remaining jail sentence and grant bail, considering the conduct of the appellants during the trial and the trial Court's decision to suspend the sentence.
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 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 custodial sentence and grant bail based on the circumstances of the case, including the length of the sentence and the likelihood of success in the appeal.
The court has the discretion to suspend the custodial part of a sentence under Section 389 of Cr.P.C, considering factors such as the likelihood of appeal hearing and the conduct of the appellants du....
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