Mangilal vs The State Of Madhya Pradesh
2021 Latest Caselaw 1308 MP

                                                       1                              CRA-2297-2021
                                The High Court Of Madhya Pradesh
                                           CRA-2297-2021
                                   (MANGILAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                     1
                     Indore, Dated : 06-04-2021
                            Shri A.K.Saraswat, learned counsel for the appellants.
                            Shri Kushagra Jain, learned P.L. for the respondent/State.

Heard on the question of admission.

The Appeal contains arguable points and accordingly admitted for hearing.

Record of the Court below be called for.

He is also heard on IA No.7340/2021, which is first application filed under section 389(1) of the Cr.P.C for suspension of sentence of appellants Mangilal and Rodmal, who have been convicted under sections 420, 467, 468, 471 and 120-B of the IPC and sentenced to undergo 3-3 years RI each with fine of Rs.1,000/ each with default stipulation vide judgment dated 18.3.2021 passed by II ASJ, Garonth, district Mandsaur.

Learned counsel for appellants submits that appellants are first offender and they have false been implicated in the present crime. Appellant No.1 is a

senior citizen. In this pandemic era, final hearing of the appeal is not possible in near future. The sentence of the appellants have been suspended by the trial court itself till 17.4.2021. In these circumstances, the appellants may be given the benefit of suspension of sentence.

Prayer is opposed by the learned Panel Lawyer . Considering the nature of offence, period of sentence and the fact that appellants are first offender coupled with the fact that final hearing of the matter is not possible in near future, I deem it proper to suspend the remaining jail sentence of the appellants. Consequently, IA No.7340/2021 is allowed.

The execution of jail sentence of the appellants is hereby suspended and it is ordered that the appellants be released on bail on their furnishing a

Digitally signed by SMT MUKTA KOUSHAL Date: 06/04/2021 17:06:41 2 CRA-2297-2021 personal bond for a sum of Rs.50,000/- (Rs. Fifty Thousand) each with one solvent surety each of the like amount to the satisfaction of the trial Court with a further direction to appear before the Trial Court, Garonth, District Mandsaur on 14.06.2021 and also on such other dates, as may be fixed by the trial Court, Garonth, District Mandsaur in this regard during the pendency of this appeal.

(SUJOY PAUL) JUDGE

MK

Digitally signed by SMT MUKTA KOUSHAL Date: 06/04/2021 17:06:41