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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Vivek Rusia, J.
Rajendra Soni – Appellant
Versus
State of Madhya Pradesh – Respondent
Criminal Appeal No. 3263 of 2023
Decided On : 02-03-2023
Suspension of Sentence - Criminal Appeal - The court allowed the suspension of the custodial sentence of the appellant, subject to certain conditions, without expressing any opinion on the merits of the case.
Fact of the Case:
The appellant had been convicted for various offences and sentenced to undergo three years rigorous imprisonment and fine. The appellant filed an application for suspension of jail sentence and grant of bail, claiming to have been falsely implicated.
Finding of the Court:
The court found it to be a fit case to suspend the custodial sentence of the appellant, without expressing any opinion on the merits of the case, and allowed the application subject to certain conditions.
Issues: Admission of Criminal Appeal, Suspension of Jail Sentence and Grant of Bail
Ratio Decidendi: The court considered the facts and circumstances of the case, the submissions of the appellant's counsel, and the prayers of the Government Advocate, and decided to suspend the custodial sentence of the appellant.
Final Decision: The court allowed the application for suspension of sentence, subject to certain conditions, and directed the appellant to mark his/her presence before the court on specified dates.
JUDGMENT
Vivek Rusia, J. - Heard on the question of admission.
2. The present appeal appears to be arguable.
3. Criminal Appeal filed under Section 374 of the Code of Criminal Procedure, 1973 is admitted for final hearing.
4. Also heard on IA No.3228/2023, first application under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of the appellant.
5. The present appellant has been convicted for commission of offence punishable under Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 and also under Sections 120-B, 218, 466 and 471 of Indian Penal Code, 1860 and sentenced to undergo three years rigorous imprisonment and fine amount of Rs.5,000/- on each count along with default stipulation by learned Special Judge (under PC Act), Indore, District Indore (MP) in Special Sessions Trial No.08/2015 vide judgment dated 31.01.2023.
6. Learned counsel for the appellant submits that the appellant has been falsely implicated in this case. Learned trial Court has not properly appreciated the evidence available on record and material omissions and contradictions have been overlooked. Learned trial Court has already suspended the jail sentence up to 31.03.2023. The appellant has fair chance to success in this appeal and if the jail sentence is not suspended, the application may be rendered infructuous. He, therefore, prays for grant of suspension of sentence and release the appellant on bail.
7. On the other hand, learned Government Advocate appearing for the respondent / State prays for rejection of the application.
8. In view of the aforesaid facts and circumstances of the case, I find it to be a fit case to suspend the custodial sentence of the appellant.
9. Accordingly, without expressing any opinion on merits of the case, IA No.3228/2023 is allowed, subject to depositing the fine amount, if not already deposited with the trial Court and it is directed that on furnishing a personal bond by the appellant in the sum of Rs.30,000/- (Rupees thirty thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his / her regular appearance before the Registry of this Court, the execution of the custodial part of the sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.
10. The appellant, after being enlarged on bail, shall mark his / her presence before the Registry of this Court on 21.04.2023 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.
11. Let the record of the case from the concerned trial Court be requisitioned.
12. Let the matter be listed for final hearing in due course along with connected criminal appeal (s).
13. Certified copy as per rules.
AI
The court has the discretion to suspend the custodial sentence of an appellant, subject to certain conditions, without expressing any opinion on the merits of the case.
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 sentence of a convict during the pendency of an appeal, especially when the appeal is not likely to be heard expeditiously.
The court has the discretion to suspend the custodial part of a sentence under Section 389(1) of Cr.P.C, considering the appellant's innocence and other relevant factors.
The court should not deal with the merits of the case in detail at the stage of consideration of suspension of sentence, but a prima facie view must be taken. The applicant must establish grounds for....
The court has the discretion to suspend a sentence during the pendency of an appeal, considering the totality of the facts and circumstances, and the likelihood of the appeal being heard in the near ....
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.
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