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IN THE HIGH COURT OF MADHYA PRADESH
Anjuli Palo, J.
Tikaram @ Bhuri – Appellant
Versus
State of Madhya Pradesh – Respondent
Criminal Revision No. 4812 of 2022
Decided On : 19-12-2022
Bail - Suspension of Sentence - Conviction under Sections 323 and 325 of the Indian Penal Code - The court allowed the application for suspension of the jail sentence and granted bail to the applicant, considering the nature of the offence, the period of jail sentence, and the applicant's custody since a specific date.
Fact of the Case:
The applicant was convicted for offences under Sections 323 and 325 of the Indian Penal Code and sentenced to imprisonment. The applicant filed an application for suspension of sentence and grant of bail, citing the time spent in custody and the expected delay in the disposal of the revision.
Finding of the Court:
The court, without commenting on the merit of the case, allowed the application for suspension of the jail sentence. The court directed the applicant to deposit the fine amount, furnish a personal bond, and appear before the trial court on specified dates during the pendency of the appeal.
Issues: Application for suspension of sentence and grant of bail
Ratio Decidendi: The court considered the nature of the offence, the period of jail sentence, and the time spent in custody as grounds to suspend the jail sentence and grant bail to the applicant.
Final Decision: The court allowed the application for suspension of the jail sentence and granted bail to the applicant, with specific conditions for release and appearance before the trial court.
JUDGMENT
Anjuli Palo, J. - Heard on I.A. No.23961of 2022, which is an application filed by the applicant for suspension of sentence and grant of bail.
2. The applicant has been convicted by the Courts below for offence punishable under Sections 323(for injured Sanjay), 323(for injured Laxmi) and 325 of the Indian Penal Codeand sentenced to undergo RI for 3 months with fine of Rs.500/-, R.I for 3 months with fine of Rs.500/- and R.I for 01 year with fine of Rs.1000/- respectively, with default stipulations.
3. Learned counsel for the applicant submits that maximum jail sentence awarded to the applicant is one year. Applicant is in custody since 10.12.2022 and disposal of this revision would take considerable time. In view of the aforesaid, prayer is made to suspend the jail sentence of the applicant and to release him on bail.
4. On the other hand, learned Government Advocate has opposed the aforesaid prayer.
5. Although record is not available, however, looking to the nature of offence, other facts and circumstances of the case and period of jail sentence awarded to the applicant, I deem it to be a fit case to suspend the jail sentence of the applicant, therefore, without commenting on the merit of the case, this application is allowed.
6. It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of applicant shall remain suspended and he shall be released on bail for securing his presence before the trial Court on 10.05.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.
7. The applicant shall regularly appear before the trial Court, on each and every date, without fail.
8. Record of the Courts below be requisitioned.
9. List this matter after eight weeks for admission.
The court has the discretion to suspend a jail sentence and grant bail based on the nature of the offence, period of jail sentence, and time spent in custody.
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.
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 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 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.
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