RAJENDRA LODHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A. No. 14644/17, which is the second application under Section 389(1) of the Cr.P.C. for suspension of the custodial sentence passed against appellant Rajendra Lodhi. This appeal has been preferred against the judgment dated 06.09.2010 passed by 6th Additional Sessions Judge,(Fast Track Court) Chhatarpur in Sessions Trial No. 96/2010 whereby learned Additional Sessions Judge found appellant guilty for the offences punishable under Sections 323 (two counts), 506-II and 436 of the IPC and sentenced him to undergo simple imprisonment for 16 days, only fine imposed Rs.1000/-, in default of payment of fine, he further suffer simple imprisonment for six months and rigorous imprisonment for four years with fine of Rs.2000/- with default stipulations.

(2.) Learned counsel for the appellant submits that appellant's sentence for conviction was already been suspended vide Court order dated 27.04.2011, but later on, appellant could not appear before the Registry of this Court on due dates, consequently, arrest warrant was issued and appellant was arrested and sent to jail. His absent is bonafides, final hearing of this appeal will take long time to conclude. The appellant was in judicial custody since 27.06.2016. Hence, prayed for suspension of the jail sentence and release of the appellant on bail since the hearing of this appeal would like to take long time.

(3.) On the other hand, learned counsel for the State opposed the prayer and submitted that the appellant was absconded for three years so he should not be released on bail.