Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1525

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Satish Kumar Sharma, J.
Atar Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
Criminal Appeal No. 231 of 2022
Decided On : 10-01-2022

Advocates Appeared:
Adil Majeed, Advocate, Manish Nayak, Advocate
Final Result : Disposed Of

The court may grant suspension of sentence subject to specified conditions, considering factors such as bail during trial and the arguable case.

Headnote:
Suspension of Sentence - Criminal Appeal - The court allowed the application for suspension of sentence, directing the jail sentence of the appellant to remain under suspension subject to depositing the fine amount and furnishing a personal bond with sureties for appearance before the court on specified dates.
Fact of the Case:

The appellant appealed against the judgment convicting him under Section 326 IPC and Section 323/34 IPC. An application for suspension of sentence was filed on the grounds of bail during trial and the need for suspension pending appeal.
Finding of the Court:

The court considered the appellant's bail during trial, the suspension of sentence by the trial court, and the arguable case. Without expressing any opinion on merits, the court allowed the application for suspension of sentence, subject to conditions.
Issues: The main issue was the grant of suspension of sentence and bail pending appeal.
Ratio Decidendi: The court considered the appellant's bail during trial, the suspension of sentence by the trial court, and the arguable case as factors in allowing the application for suspension of sentence.
Final Decision: The application for suspension of sentence was allowed, directing the jail sentence of the appellant to remain under suspension subject to specified conditions. The application was disposed of.

JUDGMENT

Satish Kumar Sharma, J. - This criminal appeal assails the judgment dated 14.12.2021 passed in S.T.No.139/2012, by III additional Sessions Judge, Jaura, District Morena (M.P.) whereby, the appellant has been convicted as under. :-

Section	act	Imprisonment	Fine	Default (in lieu of fine)
326	IPC	3 years R.I.	Rs.1000/-	6 months R.I
323/34 (two counts)	IPC	3 months R.I. (each count)	Rs.500/-	1 month R.I.

I.a. No.216/2022, an application for grant of suspension of sentence moved on behalf of appellant is taken up and considered.

Learned counsel for the appellant submits that accused/appellant was on bail during trial. His sentence has been suspended by the trial Court for a period of one month from the date of judgment. Disposal of appeal shall take considerable time, therefore, he prays for suspension of sentence and grant of bail to the appellant.

Per contra, learned Panel Lawyer for the respondent/State opposed the prayer and prayed for dismissal of this application.

Keeping in view, the facts and circumstances of the case, particularly, having regard to the facts that sentence has already been suspended by the trial Court, the appellant has remained bail throughout trial and he has arguable case, but without expressing any opinion on merits, the application for suspension of sentence is allowed.

It is directed that jail sentence of appellant will remain under suspension subject to depositing fine amount and on his furnishing personal bond of Rs.50,000/- (Rs. Fifty thousand only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court, for his appearance before the Registry of this Court on 23/03/2022 and thereafter on all subsequent dates as may be fixed by the office.

Application (I.a.No.216/2022) stands disposed of.

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