Madhya Pradesh High Court
Dileep Damor vs The State Of Madhya Pradesh on 1 August, 2017
Cr.A. No.1331/2017 1
Cr.A. No.1331/2017
01/08/2017
Shri A.S. Parihar, learned counsel for the
appellant.
Shri Abhishek Soni, learned Public Prosecutor for
the respondent/State.
Heard on the question of admission.
Admit.
Call for the record of the lower Court. Heard learned counsel for the parties on I.A. No. 6935/2017- an application under Section 389(1) of the Code of Criminal Procedure for suspension of custodial sentence of appellant-Dileep Damor, who has been found guilty for offence under Section 379 of IPC and sentenced to undergo 1 year R.I and to pay a fine of Rs.500/-, with usual default stipulation.
It is submitted by the learned counsel for the appellant that the learned 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 the appellant was on bail during trial and the liberty so granted was not misused by them. Lastly it is submitted that the appeal is likely to take sufficiently long time in its final disposal and if the Cr.A. No.1331/2017 2 custodial sentence is not suspended then, the appeal shall be rendered infructuous.
Though the prayer for suspension of custodial sentence is opposed by learned Public Prosecutor for the respondent/State, however, looking to the aforesaid, it would be appropriate to suspend the custodial sentence of the appellant.
Accordingly, I.A. No. 6935/2017 is allowed and it is directed that on furnishing personal bond by the appellant in the sum of Rs.40,000/- (Rupees Forty 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 his presence before the Registry of this Court on 11th October, 2017 and on all such subsequent dates, which are fixed in this regard by the registry.
List in due course.
Certified copy as per rules.
(Ved Prakash Sharma) Judge sumathi