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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Subodh Abhyankar, J.
Rakesh – Appellant
Versus
State of Madhya Pradesh – Respondent
Criminal Appeal No. 3132 of 2022
Decided On : 05-04-2022
Suspension of Jail Sentence - Criminal Appeal - The court allowed the application for suspension of jail sentence of the appellant during the pendency of the criminal appeal, directing the appellant to furnish a personal bond for his regular appearance before the trial court.
Fact of the Case:
The appellant had been convicted and sentenced in a criminal case. He applied for suspension of his jail sentence during the pendency of his criminal appeal.
Finding of the Court:
The court, without commenting on the merits of the case, found force with the contention raised by the appellant's counsel and allowed the application for suspension of jail sentence.
Issues: Application for suspension of jail sentence during pendency of criminal appeal.
Ratio Decidendi: The court considered the appellant's argument and found it expedient to suspend the jail sentence during the pendency of the criminal appeal.
Final Decision: The application for suspension of jail sentence was allowed, and the appellant was directed to furnish a personal bond for his regular appearance before the trial court.
JUDGMENT
Subodh abhyankar, J. - Heard on I.a.No.4818/2022, which is an application under Section 389(1) of the Cr.P.C. for suspension of jail sentence of the sole appellant Rakesh s/o Kaliya Bhil.
The appellant has been convicted vide judgment dated 15.3.2022 passed in S.T.No.191/2017 and sentenced him as under:-
Conviction | Sentence | |||
Section | act | Imprisonment | Fine | Imprisonme nt in lieu of fine |
191 r/w | IPC | 01 year RI | 1,000/- | 3 months RI |
Counsel for the appellant has submitted that the appellant was released on regular bail during trial and previously his custodial sentence has already been suspended by the trial Court itself up to 13.4.2022 and there is no possibility of early hearing of this criminal appeal before this Court, hence it is prayed that custodial sentence of the appellant be suspended during the pendency of this criminal appeal.
Counsel for the respondent/State, on the other hand, has opposed the prayer and prayed for its rejection.
On due consideration of the rival submissions of the parties, without commenting on the merits of the case, this Court finds force with the contention raised by the counsel for the appellant. Thus, it would be expedient to suspend the jail sentence of the appellant. accordingly, the application I.a.No.4818/2022 is allowed.
It is directed that on furnishing a personal bond by the appellant in the sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before concerned trial Court, the execution of the custodial part of the sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.
The appellant after being enlarged on bail, shall mark his presence before the concerned trial Court on 30.6.2022 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.
Certified copy, as per rules.
The court has the discretion to suspend a jail sentence during the pendency of a criminal appeal under Section 389(1) of the Cr.P.C.
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 pending appeal, considering the likelihood of the appeal taking a long time for final hearing.
The court ruled that the duration of custody and the nature of injuries justified the suspension of the appellant's sentence pending appeal.
The court has the discretion to suspend a sentence if circumstances justify, such as the duration of custody and potential delays in the appeal process.
The court has the discretion to suspend the substantive sentence under Sec.389 Cr.P.C. based on the totality of facts and circumstances, including the custody period and the anticipated delay in the ....
The court established that under Section 389 of Cr.P.C., a sentence can be suspended during the appeal process if justified by the circumstances of the case.
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