Ashok Kumar vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1439

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Satyendra Kumar Singh, J.
Ashok Kumar – Appellant
Versus
State of Madhya Pradesh – Respondent
Criminal Appeal No. 919 of 2022
Decided On : 28-01-2022

Advocates Appeared:
Vikas Yadav, Advocate, Sachin Jaiswal, Advocate

Headnote:(A) Code of Criminal Procedure, 1973 - Section 389(1) - Appellant convicted under Section 498-a of IPC for 1 year RI with a fine of Rs. 3000/-, with 3 months additional RI for default - Application for suspension of jail sentence filed by the appellant - Court allows the application subject to conditions including personal bond and fine deposit. (Paras 1-3)

(B) Conviction - Appeal against conviction involves consideration of evidence and appreciation thereof - Courts should be cautious in suspending sentences pending appeal to ensure proper evaluation of case merits. (Paras 1-2)

Facts of the case:
The appellant was convicted under Section 498-a of IPC and sentenced to 1-year rigorous imprisonment along with a fine. The appellant argued that the lower court wrongly convicted him and that the appeal process would be lengthy.

Findings of Court:
The application for suspension of the jail sentence is allowed, provided the appellant fulfills certain pre-conditions.

Issues: Whether the appellant should be granted bail pending appeal, and the proper procedures for suspension of sentence in light of ongoing appellate considerations?

Ratio Decidendi: The court ruled in favor of granting bail, emphasizing that the merits of the case should not impede appellate rights and allowing for suspension based on set conditions.

Result: Application allowed for suspension of jail sentence.

Table of Content
1. appellant convicted under ipc section 498-a. (Para 1)
2. opposition to suspension of jail sentence. (Para 2)
3. application for bail granted under conditions. (Para 3)
4. future hearing scheduled; procedural note. (Para 4 , 5)

JUDGMENT

Satyendra Kumar Singh, J. - also heard on Ia No.1331/2022 which is first application for suspension of jail sentence filed on behalf of sole appellant ashok Kumar S/o Mahendra Kumar Vishnoi under Section 389(1) of the Code of Criminal Procedure, 1973. The appellant has been convicted and sentenced as under:

Conviction		Conviction
Section & act	Imprisonment	Fine amount	Imprisonment in lieu of fine
498-a of IPC	01 Year RI	Rs.3000/-	03 months additional RI

1. Learned counsel for the appellant submits that Court below has wrongly convicted the appellant. The learned Court below has not properly appreciated the evidence. The disposal of appeal would take considerably long time. Hence, prays for suspension of jail sentence of appellant.

2. Per contra, learned counsel for the respondent/State has opposed the prayer and prays for its rejection.

3. after going through the impugned judgment and taking into consideration all the facts and circumstances of the case as well as other submissions of learned counsel for the appellant, without commenting upon the merits of the case, this application is allowed. It is directed that if the present appellant furnishes the personal bond of Rs.50,000/- (Rupees Fifty thousand) and a solvent surety of like amount to the satisfaction of Trial Court, and on depositing the fine amount (if not already deposited), the remaining portion of jail sentence of appellant shall be suspended and he be released on bail for his appearance before the Registry of this Court on 07.03.2022 and thereafter on all subsequent dates as may be fixed by the Registry in this behalf. accordingly Ia No.1331/2021 stands disposed of.

4. List the appeal for final hearing in due course along with the original record.

5. Certified copy as per Rules.

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