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IN THE HIGH COURT OF MADHYA PRADESH
Rajendra Kumar Verma, J.
Giriraj Singh Choudhary & Ors. – Appellants
Versus
The State of Madhya Pradesh – Respondent
Criminal Appeal No. 4844 of 2023
Decided On : 06-04-2023
Suspension of Sentence - Criminal Procedure Code - The court allowed the application for suspension of sentence under Section 389(1) of Cr.P.C, directing the appellants to deposit the fine amount, furnish personal bond, and mark their presence before the trial court for the regular appearance, till the final disposal of the appeal.
Fact of the Case:
The appellants were convicted for offences under Section 452 and Section 325/34 of IPC and sentenced to undergo imprisonment with fines. The appellants sought suspension of sentence and grant of bail, claiming innocence and citing material omissions and contradictions in the prosecution witnesses' versions.
Finding of the Court:
The court, after considering the submissions and perusal of the record, allowed the application for suspension of sentence, directing the conditions for the appellants' release on bail and marking their presence before the trial court.
Issues: Admission of appeal, application for suspension of sentence and grant of bail under Section 389(1) of Cr.P.C.
Ratio Decidendi: The court found it appropriate to suspend the jail sentence of the appellants, considering the already suspended jail sentence by the trial court and the appellants' claim of innocence and lack of misuse of liberty during bail.
Final Decision: The court allowed the application for suspension of sentence, directing the conditions for the appellants' release on bail and marking their presence before the trial court, and listed the case for final hearing.
JUDGMENT
Rajendra Kumar (Verma), J. - Heard on the question of admission.
2. Appeal is admitted for hearing.
3. Also heard on I.A No.7503/2023, which is an application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail, moved on behalf of the appellants.
4. The appellants have been convicted for offence under Section 452 of IPC and sentenced to undergo R.I. for 2 years each with fine of Rs.1,000/-each, Section 325/34 of IPC and sentenced to undergo R.I. for 2 years each with fine of Rs.2,000/- each, with default stipulations each.
5. Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in the matter. The learned trial Court has erred in not appreciating the fact that there are material omissions and contradictions in the versions of the prosecution witnesses. The jail sentence of the appellants has been suspended by the trial Court till 25.04.2023 and during bail, the appellants have not misused the liberty so granted. It is further submitted that there is no likelihood of hearing of appeal in near future. Hence, it is prayed that the application for suspension of sentence may be allowed.
6. On the other hand, learned counsel for the State opposes the application and prays for its rejection.
7. On due consideration of the submissions made on behalf of the appellants, on perusal of record and looking to the fact that jail sentence of the appellants is already suspended by the trial Court, this Court is of the opinion that it would be appropriate to suspend the jail sentence of the appellants. Accordingly, I.A filed on behalf of the appellants is allowed.
8. It is directed that subject to deposit of fine amount if already not deposited and on furnishing personal bond by the appellants each in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety in the like amount to the satisfaction of learned trial Court for their regular appearance before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellants shall remain suspended, till the final disposal of this appeal.
9. The appellants, after being enlarged on bail, shall mark their presence before the concerned trial Court on 24.08.2023 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.
10. List for final hearing in due course.
11. Certified Copy as per rules.
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.
The court has the discretion to suspend the custodial part of a sentence under Section 389(1) of Cr.P.C, considering various factors including the appellant's conduct, likelihood of appeal hearing, a....
The court has the discretion to suspend the custodial part of a sentence under Section 389 of Cr.P.C, considering factors such as the likelihood of appeal hearing and the conduct of the appellants du....
The court has the discretion to suspend a jail sentence based on the facts and circumstances of the case, and the likelihood of the final hearing of the appeal taking a sufficient long time.
The court has the discretion to suspend the jail sentence of an appellant under Section 389 of Cr.P.C, subject to certain conditions.
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 can suspend a sentence during the appeal process if justified by circumstances such as the duration of custody and similar cases.
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