Madhya Pradesh High Court
Roopsingh vs The State Of Madhya Pradesh on 12 March, 2021
Author: Vivek Rusia
Bench: Vivek Rusia
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Cr.A. No.1189/2021
(Roopsingh Vs. State of M. P.)
-1-
Indore, dated 12/03/2021
Mr. Balendu Dwivedi, learned counsel for the appellant.
Mr. Zeeshan Khan, learned counsel for the respondent/State.
Heard on I.A. No.3163/2021, an application for suspension of custodial sentence filed by the appellant. The appellant stands convicted and sentenced as under:
Section & Act. Imprisonment Fine Amount Imprisonment in lieu of default of payment of fine.
307/34 of IPC 2 Years R.I. Rs.2000/- 6 Months 324/34 of IPC 6 Months R.I. Rs.1000/- 1 Month Learned counsel for the appellant submits that the learned trial Court has not properly appreciated the evidence came on record and material omissions and contradictions have been overlooked. Imprisonment for two years is on the higher side and disproportionate to the alleged crime. The appeal is likely to take considerable time for its final hearing and if his custodial sentence is not suspended, the application may be rendered infructuous. The custodial sentence of the appellant has already been suspended by the trial Court. He, therefore, prayed that the custodial sentence of the appellant be suspended and he be released on bail.
On the other hand, the learned Govt. Advocate appearing for the respondent/State prays for rejection of the application.
In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the custodial sentence of the appellant.
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE Cr.A. No.1189/2021 (Roopsingh Vs. State of M. P.) -2- Accordingly, I.A. No.3163/2021 is allowed and it is directed that subject to deposit of fine amount, if already not deposited, with the trial Court and on furnishing personal bond by the appellant in the sum of Rs.40,000/- (Forty Thousand only), with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court, the execution of custodial part of the sentence of the appellant shall remain suspended till final disposal of this appeal.
The appellant after being enlarged on bail he shall mark his presence before the Registry of this Court on 18.01.2022 and on all such subsequent dates, which are fixed in this behalf. In view of the above, I.A. No.3145/2021 also stands disposed of.
Record of Court below be requisitioned and list thereafter for admission.
C.C. as per rules.
(VIVEK RUSIA) JUDGE N.R. Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2021.03.15 14:04:18 +05'30'