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IN THE HIGH COURT OF MADHYA PRADESH
Anjuli Palo, J.
Nausad Khan & Ors. – Appellants
Versus
State of Madhya Pradesh – Respondent
Criminal Appeal No. 11387 of 2022
Decided On : 08-12-2022
Bail - Suspension of Sentence - Criminal Law
Fact of the Case:
The appellants were convicted under Section 323/34 of IPC and sentenced to R.I. for 01 year each with fine of Rs.1000/- each. They sought suspension of the custodial sentence and release on bail pending appeal.
Finding of the Court:
The court, without commenting on the merits of the case, deemed it to be a fit case to suspend the custodial sentence of the appellants and release them on bail, considering the nature of the offence and the period of jail sentence awarded.
Issues: The main issue was whether the custodial sentence of the appellants should be suspended and they should be released on bail pending appeal.
Ratio Decidendi: The court decided to suspend the custodial sentence and release the appellants on bail, subject to depositing the fine amount and furnishing a personal bond with surety to secure their presence before the trial court.
Final Decision: The custodial sentence of the appellants was suspended, and they were released on bail for securing their presence before the trial court during the pendency of the appeal.
JUDGMENT
Anjuli Palo, J. - Record of the Courts below be requisitioned.
2. Heard on I.A. No.23163/2022, which is first application filed on behalf of the appellants for suspension of sentence and grant of bail.
3. Being aggrieved by the order dated 21.11.2022 passed by learned Seventh Additional Sessions Judge, Rewa (M.P.) in S.T.No.500348/2011 whereby the appellants have been convicted by the trial Court under Section 323/34 (02 counts) of IPC each and sentenced to R.I. for 01 year each with fine of Rs.1000/- each respectively, with default stipulations.
4. Learned counsel for the appellants has submitted that the maximum sentence awarded to the appellants is 01 year. The jail sentence of the appellants is suspended till 20.12.2022 by the trial Court as mentioned in their application. Disposal of this appeal would take considerable time, therefore, the custodial sentence of the appellants may be suspended and they may be released on bail.
5. Learned Government Advocate has opposed the prayer for bail. Although record is not available, however, looking to the nature of offence, period of jail sentence awarded to the appellants, without commenting on the merits of the case, I deem it to be a fit case to suspend the custodial sentence of the appellants and to release them on bail, therefore, 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 each in a sum of Rs.30,000/-(Rupees Thirty Thousand only) each with one surety each in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellants shall remain suspended and they shall be released on bail for securing their presence before the trial Court on 04.05.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.
7. The appellants shall regularly appear before the trial Court, on each and every date, without fail.
8. List the matter after three months 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 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 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 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 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 of the appellants under Section 389(1) of Cr.P.C, considering the circumstances and conditions for the appellants' release on bail.
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