Madhya Pradesh High Court
Ganeshram vs The State Of Madhya Pradesh on 7 March, 2018
THE HIGH COURT OF MADHYA PRADESH
1
Cr.A. No.1816/2018 (Ganeshram vs. State of M.P.,)
Cr.A. No.1816/2018
Indore, Dated:07/03/2018
Shri N.J. Dave, learned counsel for the appellant.
Ms. Mamta Shandilya, learned Public Prosecutor
for the respondent/State.
Heard on the question of admission.
Appeal is admitted for final hearing.
Call for the record of the trial Court.
Also Heard learned counsel for the parties on I.A. No.1485/2018, an application under Section 389(1) of the Code of Criminal Procedure for suspension of custodial sentence of appellant-Ganeshram.
Appellant has been found guilty for offence under Sections 325 and 341 of IPC and sentenced to undergo 3 years rigorous imprisonment with a fine of Rs.5,000/- and Rs.500/- respectively, with usual default stipulation.
It is submitted by the learned counsel for the appellant that the trial Court has recorded conviction without properly appreciating the evidence on record and that material omissions, contradictions and anomalies present in the prosecution evidence have been overlooked. It is also submitted that appellant was on bail during the trial, the liberty so granted was not misused by him. Lastly, it is submitted that the appeal is likely to take sufficient time in its final disposal and if the custodial sentence is not suspended, then the appeal shall be rendered infructuous.
THE HIGH COURT OF MADHYA PRADESH 2 Cr.A. No.1816/2018 (Ganeshram vs. State of M.P.,) Learned Public Prosecutor opposes the application, submitting that no sufficient ground is made out for releasing the appellant on bail, hence the application filed by the appellant be dismissed.
After carefully going through the record and the arguments advanced by the learned counsel for the parties, this Court is of the considered opinion that the application for suspension of custodial sentence deserves to be allowed.
Accordingly, I.A. No. 1485/2018 is allowed and it is directed that on furnishing personal bond by the appellant in the sum of Rs.50,000/- (Rupees fifty thousand only) with a 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 sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.
The appellant, after being enlarged on bail, shall mark their presence before the Registry of this Court on 17/05/2018 and on all such subsequent dates, which are fixed in this regard by the registry.
List in due course.
Certified copy as per rules.
(S. K. AWASTHI) JUDGE sumathi Digitally signed by Sumati Jagadeesan Date: 2018.03.08 11:44:20 +05'30'