Madhya Pradesh High Court
Karan Singh @ Gillu vs The State Of Madhya Pradesh on 18 October, 2019
Author: Sunil Kumar Awasthi
Bench: Sunil Kumar Awasthi
4
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.8715/2019
( Karan Singh @ Gillu Vs. State of M.P.)
Indore, Dated:18/10/2019
Shri Harshwardhan Sharma, learned counsel for the appellant.
Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.
Heard learned counsel for the parties on IA No.8330/2019, first application under Section 389(1) of the Code of Procedure for suspension of jail sentence moved on behalf of the appellant-Karan Singh @ Gillu.
The appellant has been convicted and sentenced by First Additional Sessions Judge to the Court of Third Additional Sessions Judge, Rajgah (Biaora) vide judgment dated 26/09/2019 passed in Sessions Trial No. 381/2017 as under:
Name Conviction Sentence Fine In lieu
of appellants amount
Karan Singh Under Section 354 of the 2 years RI Rs.5,000/- 2 months RI
IPC
@ Gillu
Learned counsel for the appellant submits that the appellant was on bail during trial and he did not misuse the liberty granted to him. There are fair chances of success of this appeal and there is no likelihood of hearing of the appeal in near future. If the remaining custodial sentence of the appellant is not suspended then appeal filed by thim may turn infructuous. The appellant is ready to deposit the fine amount. Under these circumstances, he prays for suspension of jail sentence and for grant of bail to the appellant.
On the other hand, learned Public Prosecutor for the respondent opposed the prayer and prayed for rejection of the application.
Considering the submissions made on behalf of the parties and 4 facts and circumstances of the case, it would be appropriate to suspend the jail sentence of the appellants.
Accordingly, I.A. No.8330/2019vis allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by appellant-Karan Singh @ Gillu in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his regular appearance before this Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.
The appellant, after being enlarged on bail, shall mark his presence before the Registry of this Court on 29/01/2020 and on all such subsequent dates, which are fixed in this regard by the registry.
(S.K. Awasthi)
skt Judge
Santosh Kumar Tiwari
2019.10.18 15:21:49 +05'30'