IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024 [arising out of SLP (Crl.) No. 14421/2024]
ABHAY JAISWAL Appellant
VERSUS
THE STATE OF MADHYA PRADESH Respondent
O R D E R
1. Leave granted.
2. The High Court of Madhya Pradesh by the impugned judgment and order
dated 31st July, 20241 has declined the appellant’s prayer for suspension of
sentence under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita,
20232.
3. In fact, the impugned order of the High Court rejects the second
application for suspension of sentence despite the fact that the appellant was
sentenced to imprisonment for 5 (five) years for offences committed under
Sections 407, 420, 468, 471, 34 of the Indian Penal Code, 1860.
4. We have heard learned counsel appearing on behalf of the parties. We
have noted that the appellant has been behind bars for more than 8 (eight)
months.
5. The appellant has voiced a grievance that although he has an arguable
case in his appeal, the appeal may not be heard at any time prior to his serving
out the sentence having regard to the huge pendency of appeals before the
High Court.
1 impugned order 2 BNSS
2
6. The appeal that the appellant has filed before the High Court is in exercise
of his statutory right conferred by...