Pappu vs State Of Madhya Pradesh

J.P.Gupta, J

Heard on I.A.No.12607/2020 which is second application filed by appellant No.1 Pappu under section 389(1) of Cr.P.C. for suspension of his jail

sentence dated 1.10.2018 passed by the III ASJ Singrouli, District Waidhen in Sessions Trial No.300016/2012 convicting the appellant under sections

420 and 468 of the I.P.C. and sentenced him to undergo R.I. for 4 years along with fine of Rs.2,000/- and R.I. for 4 years along with fine of

Rs.2,000/-, with default stipulation. However, first application I.A.No.17642/2018 on behalf of appellant no.1 Pappu is still pending. Hence, both these

applications are being considered here today.

Learned counsel for the appellant submitted that the appellant has completed more than half period of jail imprisonment. Execution of sentence of

other co-accused has already been suspended. this is a case of cheating of rs.,80,000/- by three accused persons. Disposal of appeal will take time.

Appellant has no criminal antecedents. Appellant has fair chance to succeed in the appeal and there is reasonable possibility that the sentence may be

reduced to the sentence already undergone. In the circumstances, if execution of sentence is not suspended, his right to appeal will be futile. In the

aforesaid circumstances, prayer is made to suspend the execution of jail sentence and grant bail to the appellants.

On the other hand, learned P.L. for the respondent-State has opposed the application and prayed for rejection of the same.

Having considered the contention of learned counsel for the parties and on perusal of the record, these applications are allowed. It is ordered that

subject to payment of fine amount, if not already deposited, execution of jail sentence of appellant No.1 Pappu shall remain suspended during the

pendency of this appeal and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one

surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 20.1.2021 & thereafter on all other such

subsequent dates as may be fixed by that Court in this regard.

In case, the appellant is found absent on any date fixed by the trial court, then the trial court shall be free to issue and execute warrant of arrest

without referring the matter to this Court, provided the Registry of this Court is kept informed.

List the appeal for final hearing in due course.

C.C. as per rules.