SURESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A.No.3926/2023, which is third application under Sec. 389 of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the appellant - Suresh. Present appellant has been convicted under Ss. 376(D) of IPC and has been sentenced to undergo 20 years' R.I. with fine of Rs.5,000.00 and Sec. 506(II) IPC and sentenced to undergo 1 year's R.I. with fine of Rs.1,000.00 with usual default stipulation.

(2.) Learned counsel for the appellant submits that appellant is an innocent person and he has been falsely implicated in this matter. The appellant has completed half of the jail sentence i.e. 10 years jail incarceration out of total 20 years of jail sentence. Learned counsel for the appellant further submits that this appeal is of 2016 and is not likely to be heard finally in near future and it would take sufficient long time, therefore, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal. P er contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection by submitting that the trial Court after due appreciation of the evidence has convicted the appellant, hence, his application for suspension of sentence is liable to be rejected.

(3.) Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that appellant has already suffered half of the jail incarceration i.e. 10 years and final conclusion of the appeal will still take sufficient long time, we deem it proper to suspend the remaining custodial sentence of the appellant - Suresh. Accordingly, I.A.No.3926/2023 is allowed and it is directed subject to deposit of fine amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.50,000.00 (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.